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Jennifer McGuinness

Warrington, United Kingdom

7 Testimonials
3 Case studies
0 Articles

Summary

Practice Areas:

  • Disputed Wills
  • Civil Litigation
  • Court of Protection
  • Deputyship
  • Private Client Litigation
  • Professional Negligence

I am an Associate Solicitor at FDR Law with 12 year’s post qualification litigation experience.

I think when you are asked to describe yourself it is best to reflect on the views of others.

In feedback my clients have described me as “friendly and approachable”, “down to earth” and “highly organised and effective”. By other professionals I have been described as “feisty” (a positive trait in a litigation lawyer) and pragmatic. I was once accused of being a bit “bossy” but I prefer assertive!

 

Previous Employment

Stephensons Solicitors-0001 - -0001

Solicitor - civil litigation

Experience

I specialise in “contentious probate” the little known term which encompasses cases which deal with inheritance disputes, will validity disputes, estate administration disputes and the like. In plain English anything where there is a dispute to do with the affairs, property and finances of somebody who has passed away. These sorts of issues of course arise at the most difficult and sensitive of times. Whilst “feisty” and “assertive” I am sensitive to the emotional strain that these cases bring to families. My team and I pride ourselves on building a rapport with our clients and being their trusted advisors throughout the process.

I am a lawyer who likes to get the job done. Where faced with problems and adversity I prefer to expend energy on finding a solution rather than complaining of the issue. This I find to produce the best results in the most cost effective manner.

I am amongst an elite group of lawyers with the ACTAPS (Association of Contentious Trusts and Probate Probationers) qualification, highlighting my expertise in the area of “contentious Probate”. The accreditation was gained having completed a three year part time course through The College of Law. ACTAPS membership demonstrates my expertise in this field.

My practice areas also include disputed Court of Protection proceedings, trust disputes and professional negligence. I represent clients all over the country and have an enviable network of Counsel and experts whom I employ.

 

 

Education

College of Law - London

Other

2009 - 2012

ACTAPS

Staffordshire University

University

1998 - 2001

LL.B (Hons.) – 2:1

Staffordshire University Law School

University

2001 - 2002

Legal Practice Course - Commendation

Testimonials

Title - Estate Dispute Client

Jennifer - Thank you for all your hard work and commitment. We cannot thank you enough for everything that you have done over what has been an emotional 22 months!

Inheritance Dispute client

I would thoroughly recommend Jennifer McGuinness, her colleague Stephen Lawson and FDR Law Solicitors

 

Disputed Will client

Jennifer McGuiness worked so hard on my behalf and I was impressed with the skills and professionalism, which she demonstrated in order to bring the matter to a successful conclusion

 

Inheritance Dispute - client

Thank you Jennifer McGuinness, you have been a great comfort and a sense of complete security to my parents

 

Estate Dispute - client

Throughout this experience, I observed how conscientious Jennifer McGuinness was in her preparation of my case. She was always prepared, and had undertaken all the necessary administrative steps to keep my case moving.

 

Will validity dispute - client

Jennifer McGuinness ensured that I was kept fully up to date and that any costs I incurred were fully explained to me, she understood my worries in this regard. I felt she was interested in my case and my situation.

 

Inheritance Dispute - client

Jennifer McGuinness always had time to listen to me and explain so I completely understood any issues, which arose; Her advice was sensible and emphatic

 

Case Studies

Inheritance Cases -

Spouse

My client’s spouse passed away. They had a long marriage with a brief period of separation. The deceased amended his will during the period of separation to disinherit his then estranged wife. They later reconciled but he never got around to re-amending his will to include her. All of the matrimonial assets were in his sole name. This case was bitterly contested and resulted in a final trial. My client was successful in her claim and in recovering her costs.

Ex Spouse

I acted in an unusual case where my claimant client was seeking provision from her ex-husband’s estate. They had been married for 18 years and divorced for over 20 years. The ex-husband had remarried. My client had been receiving regular maintenance payments and relied on them. The Will made no provision for her. The case was successful at trial. An appeal was lodged and listed – the parties subsequently agreed on the terms of settlement and my client was successful in recovering her legal costs. The case had been funded by way of no win no fee agreement.

Adult Child

I represented an adult child seeking provision from the estate of his late mother from who he had been estranged for most of his life but had recently reconciled with. We were able to reach an early and amicable settlement without the need for reference to the Court.

Cohabitee

I represeted a client whose partner passed away without a will. They were not married but had enjoyed a long relationship and had a child together. Under the intestacy rules his estate passed to the young child. It was necessary to bring a claim for reasonable financial provision from the estate and as such the child 9via a litigation friend) was a party. This case highlights the importance of making Wills particularly where there is a cohabite relationship – the intestacy rules do not provide to what some people consider to be a “common law” marriage. The case was settled without the need for trial.

 

Will validity

Lack of Testamentary Capacity - Successfully settled a claim for Defendants where disappointed beneficiaries were seeking to challenge the validity of a will. The deceased suffered from a number of age related illnesses and other significant health problems but the evidence gathered supported that she had capacity to make the will.

 

 

Court of Protection

Successfully revoked an enduring power of Attorney – where the attorney was misappropriating funds from his mother who lacked testamentary capacity. A successful deputyship application was made in favour of my client along with a successful application for a Statutory will which protected the patient’s funds and ensured that the attorney who had misappropriated funds would not administer the estate when the deceased passed away.

Articles

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Achievements

Awards

Lord Ashley Scholar Ship – Staffs Uni

Scholarship

1998

Associations & Memberships

Associaition of Contentious trusts and Probate Practitioners (ACTAPS) - since 2014

ACTAPS – Full Member

Association of Contentious Trusts and Probate Practitioners (ACTAPS) - since 2012

ACTAPS – Associate Member

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