View experts by name

View by service and office location

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 2014, who added 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 & Estates Law and Tax Journal, discussing 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.

The Legal 500 - The Clients Guide to Law Firms

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]
Article thumbnail

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.

Read more..
Article thumbnail

Your last Will and Textament – could digital Wills create more problems than they solve?

13 July 2017

Today the Law Commission launched their public consultation, looking at whether the existing rules on how Wills are made should be updated for the modern world. One of the things this consultation will consider is whether people’s electronic communications, such as texts and emails, should be recognised as a valid Will in exceptional circumstances. This is an exciting innovation that bridges the gap between outdated laws and the modern age, but would change necessarily be for the better?

Read more..
Article thumbnail

Charitable legacies are looking more secure: outcome of Ilott

6 July 2017

In March 2017, the Supreme Court ruled on the long running claim brought by Heather Ilott against the estate of her late mother, Melita Jackson. Whilst the Supreme Court’s decision did not represent a significant change in the law and Mrs Ilott was, technically, successful in her overall claim, the decision made by the Supreme Court suggests that charitable legacies may be less open to challenge than previously thought.

Read more..
Article thumbnail

Has contesting a Will for an adult child become more difficult?

15 March 2017

The final chapter of the Ilott v Mitson inheritance dispute case is now at an end. So have adult child claims for financial provision under the Inheritance Act now become far more difficult?

Read more..
News [1]
Article thumbnail

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.

Read more..
Case Studies [1]
Article thumbnail

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?

Read more..

View experts by name

View by service and office location