Megan Jenkyn

Megan deals with all areas of contentious trusts and probate work, including will validity challenges, claims for reasonable financial provision under the Inheritance (Provision For Family And Dependants) Act 1975 and administration disputes (including the removal of executors and appointment of Independent Administrators). 

Megan also deals with cases relating to trustee removal as a result of breach of duty and investigations into improper trust or estate management. 

Specific cases/work examples:

• Acting for the Deceased’s long-term partner in a claim brought under the Inheritance (Provision For Family And Dependants) Act 1975. The client would have received a modest inheritance under the terms of the Will; however, the case was successfully settled at mediation for a six-figure sum
• Advising a lay trustee on duties and obligations in respect of requests made for distributions from the trust for the maintenance and benefit of a minor beneficiary, including reviewing the trust documents and the relevant standard provisions that apply
• Investigating and advising on concerns in relation to the validity of a deceased’s final will, on the grounds of lack of capacity and undue influence and considering the validity of various lifetime transactions and company investments

Megan deals with all types of contentious Court of Protection disputes, which include financial abuse claims, contested applications for the appointment / removal of deputies and attorneys and investigations into their management of their donor’s assets. 

Specific cases/work examples:

• Investigating the legitimacy of various lifetime transactions and corporate investments where it is believed that the individual lacked sufficient capacity to understand the nature and effect of the transaction and lacked capacity to consent to the same. This included liaising with experts to commission a capacity report in challenging circumstances
• Acting for lay deputies in successfully defending a claim brought by the Official Solicitor in relation to a Deprivation of Liberty Order that was in force
• Acting for the wife an individual who lacked capacity in a multi-faceted claim against a professional deputy seeking: (i) an increased beneficial interest in the property, (ii) an increase in family care payments to properly reflect the level of care provided, and (iii) the professional’s removal as deputy and replacement with a different firm

Megan deals with a variety of different property disputes, including boundary disputes, claims for trespass and harassment, and claims seeking the forced sale of a property. 

Megan also deals with claims brought under the Trusts of Land and Appointment of Trustees Act 1996, i.e. claims where the joint ownership of property is in dispute or where joint owners cannot agree how to manage a property. 

Specific cases/work examples:

• Acting for an individual in successfully settling a claim brought under the Trusts of Land and Appointment of Trustees Act 1996 to allow the property to be sold and the proceeds divided in agreed shares
• Advising clients in boundary disputes, including elements of nuisance, trespass and harassment. This included seeking an expert opinion on the correct position of a boundary and an application to the County Court for a boundary determination
• Advising a client on their purchase of a property at auction which was sold by an individual fraudulently purporting to be the legal owner. A settlement was reached to cover the losses and costs incurred in the transaction