Rebecca Milton

Biography

Rebecca is an Associate (FCILEX) in the wills and inheritance disputes team and specialises in trust and probate disputes and contentious Court of Protection matters.

Rebecca advises charities and private individuals, including executors, trustees and beneficiaries in relation to all aspects of contentious trust and estates. Rebecca has extensive experience advising on challenges to the validity of a will, Inheritance Act claims, executor removal claims, proprietary estoppel, construction/rectification of a will and related professional negligence claims.

Rebecca also specialises in contentious Court of Protection matters and frequently advises on property & financial affairs disputes, including contested applications for the appointment of an attorney or deputy, disputes over the validity of a lasting power of attorney, applications to remove an attorney or deputy and financial abuse claims.

Relevant experience

Various: Advising claimants, defendants and executors in relation to claims brought under the Inheritance (Provision for Family and Dependants) Act 1975, including in respect of applications brought out of time and applications for interim orders for maintenance.
Various: Advising claimants, defendants and executors in relation to a range of will disputes including mutual will claims, will validity claims on the grounds of lack of capacity, undue influence and fraudulent calumny.
Various: Successfully removing executors where they have been unfit to act and have caused delay to the estate administration.
Various: Advising claimants, defendants and executors in relation to claims brought by way of proprietary estoppel, constructive trust and resulting trust.
Advising in respect of Court of Protection disputes, including applications to remove an attorney on the grounds of financial abuse, challenging the validity of a lasting power of attorney and challenging gifts made by an attorney.

How to enforce a broken promise on a will

In this video, Rebecca provides advice on how to enforce a broken promise on a will, also known as estoppel claims.

Disputes can arise after a person's death if a will does not reflect a promise made by the deceased before there death (such as a promise to transfer land or property). It may be possible to enforce a promise that is not subsequently fulfilled in a will.