Lisa Benham

Overview

I am a Senior Associate in the Disputed Wills & Estates team. I have extensive litigation experience and advise private clients, charities, trustees, executors and beneficiaries in relation to all contentious probate matters, both nationally and internationally.

I also advise clients on all aspects of contentious Court of Protection matters.

My clients range from those operating in a professional capacity to clients who are grieving and/or need support and advice through a difficult period in their lives.

I thrive on identifying a case strategy with/for clients to seek to resolve a dispute as quickly and as cost effectively as possible. I am a strong advocate for mediation and have represented clients on numerous occasions with successful outcomes.

I qualified in 2003 having previously worked in London and in Exeter, and have been part of the team at Michelmores since 2016.

I am a full member of the Association of Contentious Trusts and Probate Specialists (“ACTAPS”).

Recent experience

Acting for a widow against the estate of a spouse whereby the Will failed to make reasonable financial provision for the widow (pursuant to the Inheritance (Provision for Family and Dependants) Act 1975. The claim successfully secured the Court’s permission to bring a claim out of time

Advising beneficiaries on the removal of trustees/executors of a Will where the trustees/executors failed in their duties to adequately administer an estate

Acting for a charity beneficiary in relation to a claim being brought against an estate in relation to the validity of a deceased’s Will on the grounds of capacity, which involved extensive witness statements, medical and care records, and reports from geriatric psychologists

Assisting an executor/beneficiary regarding the construction of a trust, evolving in the appointment of an independent administrator and settlement of a professional negligence claim against the initial trust advisors

Advising an executor in a claim on behalf of the deceased’s estate for a beneficial interest in a property, in which the deceased had financially invested but had not legally recorded an interest. Successfully resolving the claim at mediation