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Mike Muston

Mike Muston

Associate

T: 01225 730 239 (DDI)
T: 01225 730 100
E: mike.muston@roydswithyking.com

Mike is an associate in Royds Withy King’s dedicated Contested Wills, Trusts & Inheritance Disputes team. He has helped many clients with issues relating to Will disputes, claims for financial provision and disputes between executors. Mike is focused on providing practical solutions to help clients through difficult situations.



Dealing with Mike Muston over a difficult case of probate made me feel that we would win, which in the long term proved to be right.
David Palmer

About Mike

Mike is “highly recommended” by independent legal directory The Legal 500 UK 2019, who commented in 2017 that he “gives excellent and fair advice“. His team is also recommended by The Legal 500 UK in 2016 as it “achieves good results for its clients time and time again.”

Mike’s experience includes:

  • challenges to the validity of Wills, including issues of:
    capacity
    undue Influence
    execution
    lack of knowledge and approval
  • Court of Protection disputes
  • claims under the Inheritance (Provision for Family and Dependants) Act 1975
  • Prorietary Estoppel and Constructive Trusts
  • problems relating to the administration of estates.

Memberships

  • Full Member of the Association of Contentious Trust and Probate Specialists
  • Full Member of the Society of Trust and Estate Practitioners

Publications

Mike recently wrote an article for the Trusts & Estate Law and Tax Journal, reviewing a case which indicated that the courts would take a ‘common sense’ approach to construction and rectification. He explores the case of Millar v Millar [2018] which came before the Court in Bristol.

In another article for the Trusts & Estates Law and Tax Journal, Mike discusses the ‘Forfeiture Rule’. In this article, Mike reviews the extent to which the court can use its discretion to change the rule that prevents a killer from benefiting from the estate of someone they have unlawfully killed. He looks at the recent tragic case of Macmillan Cancer Support v Hayes [2018], which saw the court needing to consider this issue in the context of an elderly husband, who took his wife’s life, followed by his own, as both were suffering with serious illnesses and the husband did not wish his wife to see out her days in a care home.

 

Clients are often looking to resolve inheritance and trust issues in a timely and cost effective manner. It is often a difficult time for clients, with emotions running high for the parties involved. I am very focused on building strong relationships with my clients and, through understanding their individual needs, get to the heart of the issues and work out how best to resolve them.

Mike MustonMike Muston

Related articles

Opinion [4]
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The 5 most common ways a Will is challenged

15 August 2019

It is regularly reported that inheritance disputes are on the rise. Here we look briefly at some of the most common grounds for challenging a will and the reasons behind why they arise.

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How pension schemes can conflict with human rights law

22 July 2019

Two recent decisions made by the courts of England and Wales have shown how the interpretation of the terms of pension schemes may conflict with the rights of persons under the European Convention on Human Rights. These cases have shown that courts are willing to find terms to be discriminatory, in circumstances where they may not reflect the general purpose of the scheme, nor modern family circumstances.

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Deadlines for Inheritance Act claims: know your limits

11 March 2019

In a recent case the court has refused to grant permission to a widow who attempted to bring a claim under the Inheritance (Provision for Dependants) Act 1975 after the expiry of the 6 month time limit. Whilst cases may be brought after the expiry of the time limit, this case has emphasised that the authority for granting permission to do so rests solely with the court.

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Current intention or a binding promise?

27 March 2018

Two recent disputes involving farming estates in the South West have looked at the issue of promises of inheritance made to children and what happens if those alleged promises appear to have been broken. Here we consider the relevant law further and look at what can be learnt from these cases.

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News [1]

Experts advise farmers how to survive in modern times

26 April 2016

Over 200 farmers and rural business owners from the Wiltshire area turned up to a specialist seminar at Wellington Barn near Calne to listen to an expert panel of solicitors, accountants, agricultural bankers, property and farm consultants advise how to safeguard their businesses in these changing times for the agricultural industry.

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Be wary of your promises: the tale of the ‘Cowshed Cinderella’

4 March 2015

The story of the farmer’s daughter, known as the “Cowshed Cinderella”, has recently hit the headlines after she won £1.3m from her parents, following eviction from her parent’s farm. So how concerned should you be about the inheritance of your farm?

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