9.6.2023
Will Dispute Case Law
New Births And New Relationships? Review Your Will To Avoid A Dispute You’d imagine a wealthy businessman with assets...
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“A capable contested probate team that seems to care. Katie de Swarte is an up and coming star.”
Katie is a highly experienced solicitor specialising in Contentious Trusts and Probate matters.
The types of cases Katie deals with include, but are not limited to, applications under the Inheritance (Provisions for Family and Dependents) Act 1975, challenging the validity and structure of wills and trusts, claims for breach of trust and disputes arising between executors/trustees, beneficiaries and third parties. These types of disputes give rise to professional negligence claims as well as claims under the Trusts of Land and Appointment of Trustees Act (ToLaTA) which Katie also has wide experience in. Katie undertakes Court of Protection work, such as obtaining Lasting Power of Attorneys and issues arising from the same, Statutory Will applications and making and contesting Deputyship applications.
Many of Katie’s cases involve international elements and cross-border issues. Katie has experience in dealing with various jurisdictions including Scotland, France, Spain and India.
Awards and memberships
Katie is a member of the Society of Trust and Estate Practitioners (STEP) and is a STEP Technician. She is also a member of the ConTra, a Contentious Trusts Association for lawyers and a full member of the Association of Contentious Trust and Probate Specialists (ACTAPS). Katie is a member of Solicitors for the Elderly (SFE) and was awarded the SFE Older Client Care Practice Award in November 2020.
Personal Interests
In her spare time Katie enjoys socialising with her family and friends, cooking and travelling.
"Katie de Swarte is extremely client focused and caring and supportive to her clients."
"Elspeth Neilson and Katie de Swarte are very competent private client lawyers, with good instincts for the merits of the case and a good manner with sometimes difficult clients."
"I’ve worked with Elspeth Neilson and Katie de Swarte on various pieces of private client litigation – two in the Court of Protection and one probate dispute. I’ve found them, and the firm, very efficient and capable and dealing successfully with some
difficult clients.""A capable contested probate team that seems to care. Katie de Swarte is an up and coming star."
“I very much appreciate all your help and support on this. I hope to never have to go through anything so dark again, but you made a huge difference… You're great at what you do and, with my new knowledge of solicitors, I wish there were more with the integrity that you have.”
"I wanted to say a huge thank you for your tremendous help and advice throughout and I am incredibly grateful for your knowledge, support and striving to get us the best outcome possible in this situation. I very much appreciate it. Thank you again for working patiently with us and for your sensitive approach throughout. "
I would highly recommend Katie de Swarte. Her attention to the details of my case, combined with her sensitivity and support, to what was an emotionally challenging and complex legal matter, was much appreciated and excellent. I felt she always listened to what I was saying and never rushed me. She was happy to work with me collaboratively where appropriate, as well as guiding my decisions with solid, legal advice at all times.
Katie's directory testimonials
"Katie de Swarte is extremely client...
"Katie de Swarte is extremely client focused and caring and supportive to her clients."
"Elspeth Neilson and Katie de Swarte...
"Elspeth Neilson and Katie de Swarte are very competent private client lawyers, with good instincts for the merits of the case and a good manner with sometimes difficult clients."
"I’ve worked with Elspeth Neilson...
"I’ve worked with Elspeth Neilson and Katie de Swarte on various pieces of private client litigation – two in the Court of Protection and one probate dispute. I’ve found them, and the firm, very efficient and capable and dealing successfully with some
difficult clients."
Katie de Swarte and Elspeth Neilson...
Katie de Swarte and Elspeth Neilson have both instructed me recently, and both seemed to me to be able to build excellent relationships with their clients and to run their practices very efficiently
Katie de Swarte is hardworking and...
Katie de Swarte is hardworking and has great empathy for her clients
Insights from KatieVIEW ALL
9.6.2023Proprietary Estoppel Case Law
On A Lick And A Promise? The First Hurdle In Proprietary Estoppel Claims Solicitors are increasingly instructed by clients who...
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19.1.2022Does your will deal with cross-border assets?
If you own assets in more than one country, it’s important to make a robust Will that deals effectively...
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25.10.2021Inheritance Claims CFA Success Fee Judgment
The Court of Appeal upholds the recoverability of CFA success fees in 1975 Act claims. An individual who claims reasonable provision...
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20.10.2021Evidence Needed When Contesting A Will
‘Scrap King’ Multi-million Inheritance Dispute Confirms the High Standard of Evidence Needed to Contest a Will Gary Goodwin, son of...
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20.10.2021Dispute Surrounding Interpretation of Will
The ‘nil rate band’ offers an incentive to testators to make their will in a tax-efficient manner, maximising the amount...
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20.10.2021Handwriting Expert Witness Concludes Will Forgery
It’s not unheard of for an individual to forge someone’s will with the aim of securing an inheritance....
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20.10.2021Understanding Testamentary Capacity
What is testamentary capacity? Testamentary capacity refers to a person’s ability, both legally and mentally, to create a valid...
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20.10.2021Contested Will Claim Against Estate Fails
The recent reported case of Shearer v Shearer highlights that adult children cannot expect an estate to support their affluent...
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18.3.2021How to have your will witnessed remotely by...
Our specialist Wills solicitors can help clients with their Will requirements during this health crisis. Giving your solicitor ‘remote’ instructions...
Read more- 27.11.2020
How to prevent a loved one entrusting their...
Record numbers of us entrust our finances to loved ones, with over 800,000 Lasting Powers of Attorney (LPA) registered yearly, according...
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13.11.2017Mutual Wills
The High Court’s decision in the recent case of Legg and Burton v Burton [2017] has highlighted the issues surrounding...
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