Sarah O’Grady

Overview

I am a Managing Associate in the Firm’s Disputed Wills & Estates team. I specialise in all types of inheritance and trust disputes, with particular expertise in agricultural matters.

I largely act for private individuals, whether as executors, beneficiaries or trustees. I also act for professional executors and trustees, including where they have been appointed to deal with a trust or estate that is in dispute.

Having practiced exclusively in this area for the past 15 years, I know all too well the emotional toll these disputes generate and I like to work closely with my clients to build a strong relationship and minimise the stress of the dispute as far as possible. It is important to me to take the time to learn about each client’s personal situation and the background that has led up to the dispute. I want to ensure that I understand my clients’ goals from the outset, so that we can decide upon the best way in which to approach the dispute. The majority of my cases settle out of court, however I have experience of taking maters to trial when that becomes necessary.

I am a full member of The Society of Trust and Estate Practitioners (STEP) and The Association of Contentious Trust and Probate Specialists (ACTAPS). I am also a member of the Agricultural Law Association.

I am ranked in Chambers and Partners as an Associate to Watch and in Legal 500 as a Leading Associate.

Recent experience

Defending a proprietary estoppel claim brought by my client’s brother who alleged he had been promised the family farm. I negotiated a favourable settlement very early on in the course of the dispute

Acting for beneficiaries of a large discretionary will trust in connection with a potential breach of trust

Advising the surviving partner of a farming partnership in relation to whether assets fell into the partnership, had been jointly owned or were solely owned. The position was disputed by the other beneficiaries of the estate. As well as considering the principles of partnership law, we needed to look at joint ownership under the Trusts of Land and Appointment of Trustees Act 1996

Advising on a will validity dispute where the will was being challenged on the grounds of a lack of testamentary capacity and a lack of knowledge and approval of the contents of the will

Acting for the widow of an exceedingly long marriage who had only been left a small part of her husband’s large estate. I successfully negotiated a settlement for her under the Inheritance (Provision for Family and Dependants) Act 1975

Considering a mutual wills claim where the surviving spouse had subsequently made a will in very different terms. The wills themselves did not state that they were mutual wills but there was significant evidence available to infer that the wills were in fact mutual and the surviving spouse could not therefore alter the terms of her will following her husband’s death

Representing trustees in respect of multiple claims brought by a disgruntled beneficiary. This ultimately led to the court imposing a civil restraint order on the beneficiary, which we successfully applied to renew (Ashcroft and another v Webster [2017] EWHC 887 (Ch))

Advising the trustees of a lifetime trust which had been set up incorrectly using a pro forma trust deed. This required an application to court to seek a declaration as to the proper construction of the trust deed or to alternatively rectify it if required (Armstrong v Armstrong & Sutherland [2019] EWHC 2259 (Ch))