Duncan McNair Solicitor | Spencer West

Duncan McNair Solicitor | Spencer West

All hours: 07852 416696

Telephone: 020 7925 8080

(please mention Duncan McNair when calling)

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A Heavily Disputed Will Successfully Defended

Heavily Contested Will Claim London
Duncan McNair Solicitor

I recently acted in a fascinating case involving the disputed Will of a distinguished City of London solicitor. My client, an elderly Portuguese lady, was the solicitor’s cleaner who latterly became his carer when he got extremely ill.

The solicitor had poor family relationships. He had fallen out with his brothers and other family members. My client did everything for him far beyond the call of duty at very low wages. Before he died he passed my client a sealed envelope and told her to open it after his death, adding that she should never trust his brothers. After his death the family was told that he had made no Will. They did not know about the envelope which my client opened after his death (as he had directed) to find a photocopy of a Will executed by the deceased, almost entirely in my client’s favour.

Before they knew this the brothers and their solicitor insisted that a “thorough search” of the deceased’s property and affairs had been carried out but still there was no Will. We then revealed the existence of a copy Will to them and their solicitor and said they should look harder and the serious consequences of failing to do so. 3 weeks later the original Will was found!

But the battle was far from over. The brothers then claimed the Will was invalid because it had been obtained by my client (a tiny elderly lady) by duress or undue influence upon the deceased. They also alleged all the other standard objections to validity of a will – lack of due execution, lack of mental capacity, lack of understanding of the contents of the Will. Had any of these challenges succeeded, the brothers would have inherited all the £2m Estate by intestacy.

I analysed each of the brothers’ many objections and broke them down. Expert evidence was adduced by the brothers by probably the foremost such expert in the country. But we managed to undermine the report and all the brothers’ “evidence”. I obtained a swathe of lay evidence from witnesses. I arranged full funding for the client (who had no money whatever). Each of the various allegations as to invalidity of the Will were whittled away and finally after commencement of proceedings I conducted a mediation and various negotiations all of which resulted in the collapse of the brothers’ case. My client inherited virtually the entire Estate (nearly £2 million) and all her costs were paid by the unsuccessful opponents. We then successfully applied to court to replace the brothers’ solicitor as executor (who had acted for the brothers previously) with a new candidate who was clearly objective.

A truly fascinating case whose successful outcome was a complete life changer for the client and her very impoverished family.

Make An Enquiry

If you need advice on contesting or defending a Will or Probate, please call me now on 020 7925 8080 (all hours call me on 07852 416696) or click here to make an online enquiry.

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Why Choose Me?

  • Over 30 years’ experience acting highly successfully for companies, unincorporated associations, partnerships and individuals;
  • Widely recognised as a leading solicitor in the main branches of commercial litigation in England; and
  • I will direct all of my efforts at gaining the best results for you.

What Clients Say

“indefatigable”

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“We faced an almost hopeless David v Goliath undertaking. Our immense gratitude for an extraordinarily favourable outcome. Even our adversaries were pleased finally to settle amicably. We have great respect for Duncan’s professional approach and positive and kind personality”.

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“As head of a family tree of UK and overseas companies, I have instructed Duncan McNair as my solicitor on many complex matters of very considerable importance over the past decade. These have involved commercial, corporate, insolvency and property law and disputed estates across Europe. Duncan has proved himself a wholly reliable, committed and highly Read More

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“Duncan rebuilt and pro-actively drove the case and focused on the crucial points. I wish we had engaged him earlier. A hugely successful result for me, my company and its shareholders.”

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“I have instructed Duncan McNair over recent years in several inter-related disputes of great importance to my future. I had heard that Duncan took on ‘difficult’ cases. Mine had complex property, commercial and corporate issues. Many individuals, some of high eminence, have been involved and many really tricky aspects have needed attention. Duncan was brilliant Read More

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“My whole family are very keen to record our appreciation to Duncan. We realised the many problems and dangers in our case. Duncan devised a strategy and led us to a quite wonderful result – miles beyond what we ever thought possible. From start to finish he has been kind, supportive and brave against the Read More

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“Extremely hard and successful work, well thought through strategy, a far better outcome than we had expected in a very complex situation”.

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“Duncan worked tirelessly on our case. A highly successful outcome”.

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“Very reasonable cost for the service being provided. I recommend Duncan without reservation to anybody dealing with financial institutions abroad”.

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“Without Duncan’s help we would not have received the result that we did. We wouldn’t have stood a chance. A force for good to be reckoned with for which we are extremely grateful”.

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“We praise Duncan’s hard and highly effective work in our very difficult and challenging case. Constantly attentive and assiduous and willing to help at any time of the day or late evening. The result was far better than I ever expected”.

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“Extremely successful work in a very difficult case. You have been very reasonable about fees and the result is highly cost-effective”.

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“You’re very very helpful”.

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“Please may I thank you and the team for their very considerable diligence and skill in securing me a really excellent outcome from a very difficult situation concerning my property in Cyprus and the very serious problems with my bank and other parties there. Without your constant drive and attention I doubt I would ever Read More

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“We are very very grateful for what you have done for us.”

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“You’ve held my hand perfectly throughout. You are our best port of call for all advice.”

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As Featured In

Duncan named “Recommended Lawyer” in Legal 500 2019 just published as evidence of his professional skill and successful results. Also named in Legal 500 as “The clients’ champion” and “indefatigable” in helping his clients.

Click to read more »

  • Home
  • About
    • Why Choose Me?
    • Charity & Social Responsibility
  • Business
    • Banking & Financial Disputes
    • Competition Law
    • Contractual Disputes
    • Debts
    • Resolving Business Disputes
    • Shareholder Disputes
  • Individuals
    • Contested Probate & Disputed Wills
      • Grounds for Challenging a Will
      • Successful Will Defence
    • Medical & Professional Negligence
    • Professional Negligence
    • Property Disputes Abroad
    • Wills & The Effect of Marriage
  • Reviews
  • Blog
  • Make An Enquiry
  • Contact

Duncan McNair is a solicitor with Spencer West LLP which is authorised and regulated by Solicitors Regulation Authority (SRA Number 555456).

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