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Mike Muston

Mike Muston

Senior Associate

T: 01225 730 239 (DDI)
T: 01225 730 100

If you are having difficulty getting in touch with your contact then you can email or call 0800 923 2073

Mike is a Senior 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:
    undue Influence
    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.


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


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

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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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