Katherine Marshall is a partner in the dispute resolution department, based in our Louth office.
Having qualified as a solicitor in 2009, Katherine has extensive experience acting for claimants and defendants in contentious probate cases. She pursues and defends claims relating to the negligent preparation of Wills and administration of estates and has a further wealth of experience in professional negligence claims in a range of fields.
Her work typically involves challenges to Wills, including the removal of trustees and executors and claims brought under the Inheritance (Provision for Family and Dependants) Act 1975.
With a particular expertise in the agriculture sector, she is adept in proprietary estoppel claims in a farming context, regularly advising families in the division of large, valuable farms and estates.
Claims under the Inheritance (Provision for Family and Dependants) Act 1975
Recognised by the Legal 500, Katherine works as part of a dedicated team dealing with Will disputes.
She advises clients on whether they have a claim under the Inheritance (Provision for Family and Dependants) Act 1975, providing insight into the merits of the claim and how to advance their position. She represents a range of clients from high net worth individuals to modest estates.
She predominantly acts for cohabitees whose partners have passed away without leaving a Will and where the rules of intestacy do not make provision for them to inherit. Katherine is compassionate and empathetic in these cases, understanding that these claims are not simply about money and must be handled sensitively.
Challenging the validity of Wills
If a person is concerned that a Will does not represent the true intentions of the person making a Will, or the Will hasn’t been executed properly, Katherine can provide advice on the validity of the Will.
Her work sees her advising clients on the merits of challenging the validity of a Will. She provides detailed, straightforward advice on how a Will can be contested and clearly explains the steps that can be taken to prevent an estate being dealt with whilst investigations are made and a claim advanced.
Katherine is regularly instructed in relation to estoppel claims relating to farming families. However, these claims are not strictly limited to farming families and she helps a variety of clients.
Estoppel claims arise when someone makes a promise to another and they rely on that promise to their detriment. In farming families, these claims usually arise from a promise made to a child that one day all of the farm will be theirs. Outside of a farming context, these claims can arise where a person gives up work and provides care, under the promise that they will inherit another’s estate upon death.
Advising on the potential for success in an estoppel claim, Katherine advances her clients’ position through correspondence and, if necessary, in court proceedings and mediation.
Executor removal claims
She can also help beneficiaries who consider that an executor is not acting in their best interest or that they feel is not dealing with an estate properly. She shows her clients how to properly deal with the concern at hand and provides advice on whether the potential removal of that executor is appropriate.
Displaying empathy and sensitivity, Katherine walks clients through the likely prospect of removing the executor through an application to the court. She also provides balanced advice on how the problem may be resolved without the need for court proceedings.
Voluntary work and memberships
Katherine is a trustee of the Horncastle Education Trust where she is involved in the strategic development of the schools falling within the trust. She also volunteers her time to mentor a law student from the University of Lincoln each year.
She is a member of the Association of Contentious Trusts and Probate Specialists (ACTAPS), in addition to being a member of the Professional Negligence Lawyer’s Association (PNLA).
Submit an enquiry and Katherine will be in touch as soon as possible to discuss your needs.