Marie McMahon is a Senior Associate in our Contentious Trust and Probate Team. Marie is a full member of ACTAPS (the Association of Contentious Trust and Probate Specialists) and has extensive experience advising individuals, corporations and charities on a wide range of contentious probate and trusts issues.
Marie prides herself on her personable and practical approach. Marie is equally at home reviewing volumes of documentation and researching technical areas of law as she is providing discreet, pragmatic, commercial advice. Marie understands that the needs of her clients differ, even where the facts of their situation appear similar. Marie listens to her clients and provides tailored solutions to suit their specific circumstances.
A number of Marie’s cases concern immensely emotional issues; whilst being highly sympathetic and understanding to this, Marie is able to help clients resolve their matters in a sensible and proportionate way.
Marie has particular interest and experience advising in relation to legacy disputes. This has included resolving uncertainty as to the intended beneficiary of a gift; acting in response to challenges brought under the Inheritance (Provision for Family and Dependants) Act 1975 or on the grounds that a Will is invalid; advising on the class of beneficiaries; seeking information from executors or trustees, or indeed pursuing them for breach of their duties and recovering losses caused as result; and making an application to the Charity Commission for permission to make an ex gratia payment to an intended beneficiary where an amendment to a Will failed. Marie often works alongside the wider Charities Team and draws upon their far-reaching expertise to provide a full service to her clients.
In the right circumstances, Marie is a big advocate of Alternative Dispute Resolution. Marie has resolved numerous disputes using negotiation, mediation and expert determination. However, not all disputes can be resolved this way. Marie has successfully taken cases to trial and has acted in matters in the Court of Appeal.
Marie often acts for minors or those who lack capacity and is mindful of the specific issues this raises. Court approval is required for settlements that impact protected parties and such approval has been sought by Marie on a number of occasions. Equally, Marie has been able to provide advice on novel solutions in some circumstances to avoid what could be costly proceedings.
Marie is based at our Norwich office but acts for clients across East Anglia, notably in Ipswich and surrounding areas, as well as much further afield. Marie has appeared in court across the country.