Joseph Martin
Senior Associate - Contentious Probate
"My name is Joseph and I am a Senior Associate within the Contentious Trusts and Probate team at Higgs LLP.”
As a specialist contentious probate solicitor, I typically advise on the following areas:
- Claims under the Inheritance Act 1975. I provide guidance to clients who have not been provided with sufficient provision by the terms of a will or the laws of intestacy.
- Claims seeking to contest the validity of wills. I assist clients with investigating the circumstances surrounding the preparation and execution of wills with a view to challenging their validity if appropriate.
- Claims seeking direction from the court under part 64 of the Civil Procedure Rules 1998. This course of action is often required if, for example, co executors to an estate do not agree on a course of action and the courts assistance is required to progress the administration of an estate.
- Claims to remove and appoint substitute executors under section 50 of the Administration of Justice Act 1985. Unfortunately, appointed executors and trustees do not always carry out the role in which they are appointed properly. I advise clients on their ability to remove executors and trustees in such circumstances and help navigate clients through the court process to a final resolution.
- Applications seeking an inventory and account pursuant to Section 25 of the Administration of Estates Act 1925. Sometimes my clients are placed in a precarious position whereby the executors fail to disclose the full extent of an estate. I will assist clients in understanding their rights in relation to an estate as beneficiaries and will support them through any appropriate applications to the court as necessary to understand the progress of an estate administration.
I am to deliver practical and cost effective legal advice to my clients, focussing on their individual needs and considerations. I understand the emotional and financial toll that trust and probate disputes can have on individuals and families, and I deliver my advice in a sensitive and supportive way.
Outside of my legal role, I am also a member of the Green Committee at Higgs LLP, which is a committee focused on projects and initiatives that benefit the environment and reduce our carbon footprint.
- Acted on several successful claims under the Inheritance (Provision for Family and Dependants) Act 1975.
- Successfully secured the removal of an executor and obtained a costs order imposing a personal costs liability against the removed executor.
- Successfully defended an claim seeking to challenge the validity of a will at minimal cost to the client.
More about me
Favourite place
New York City
Interests
Formula 1
Favourite film
Rocky
Favourite food
Curry