Cally Brosnan

Areas of expertise

• Trust and Estate Disputes
• Court of Protection Disputes
• Professional negligence
• Disputes regarding beneficial ownership of land
• Commercial and Contract Disputes 

Recent work

• Assisted in the successful resolution of a long-standing estate administration dispute on behalf of a charity beneficiary, securing settlement at mediation including recovery of 100% of the client’s legal costs.   The claim was against the executors of the estate as a result of their breaches of fiduciary duty and breach of trust.
• Acted for a client in relation to a challenge to the validity of a codicil (which reduced the client’s legacy) on the basis that the deceased lacked capacity at the time that the codicil was made.
• Assisted on a domicile dispute acting for the wife of the deceased in defending a claim brought by her stepson who contested the deceased’s domicile at the time of his death, and asserted forced heirship rights.
• Acted for one of the three children of a deceased in a trust and estate dispute involving a family business wherein the director trustee has caused significant losses to the value of the company.  Advised in relation to a proposed application to remove the two trustees of the settlements, following various breaches of fiduciary duties. Issues also arose as to self-dealing and conflicts of interest.
• Acted for the daughter of the deceased in relation to a proposed will challenge on the basis of lack of knowledge and approval.
• Acted for the daughter and residuary beneficiary of a multi-million-pound estate, defending an Inheritance Act claim brought by the deceased’s second wife, in circumstances where the deceased had entered into a pre-nuptial agreement intended to protect his estate against any such claim.
• Assisted in a property trust dispute acting for the Claimant where we successfully obtained a declaration in our client’s favour as to 100% beneficial ownership of a disputed property, securing costs on the indemnity basis.
• Acted for the son and daughter of the deceased, defending an Inheritance Act claim and proprietary estoppel claim brought by the deceased’s cohabiting partner.
• Acted for the daughter of the deceased who died intestate.  Under the rules of intestacy, the client was a 50% beneficiary of her father’s estate.  Assisted the client in bringing a claim for an account and the removal of the personal representative of the estate, in circumstances where the personal representative failed to disclose adequate information regarding the financial position of the estate.

Publications & Press

Death, Divorce and Dementia: risks of post-death litigation, IFA Magazine, March 2023

Professional Societies & Memberships

Member of ConTrA (association for contentious trust associates)