Jenny Howe

Senior Associate
  • Experience
  • Other Information

Jenny joined Birketts in September 2019 as an Associate in the Commercial Litigation Team. Jenny has extensive experience in all fields of contentious trusts and probate work and a background in property litigation. Jenny is able to draw on that particular experience to advise and support clients in disputes involving jointly owned property and proprietary estoppel.

Jenny specialises in contentious trusts and probate matters. She is an associate member of ACTAPS (Association of Contentious Trusts and Probate Specialists) and regularly provides advice and representation in the following areas:

  • Bringing and defending claims for provision from an estate under the Inheritance (Provision for Family and Dependants) Act 1975.
  • Claims arising from allegations of undue influence, lack of testamentary capacity and/or want of knowledge and approval in connection with the preparation and execution of a Will.
  • Disputes between beneficiaries and executors about the administration of estates, including removal and substitution of executors, advising executors and beneficiaries about rights to obtain/disclose information about the administration, applications for an inventory and account of an administration, conflicts of interest, executor’s duties and obligations in particular categories of dispute, advising on the enforcement of testamentary options.
  • Disputes between trustees and beneficiaries over the administration of trusts, trustees duties around investing trust funds and discretionary trusts, removal and replacement of trustees, trustees indemnities.
  • Jenny also regularly advises on the availability of remedies such as the interpretation and rectification of wills and trust documents, and professional negligence in the context of preparing testamentary and trust documents, and estate administration by professional executors.
  • In collaboration with our Charities Team, advising charities and their trustees in relation to contested estates and disputed legacies.

Jenny works closely with both our private client and specialist Court of Protection teams to provide a seamless service to clients facing disputes around private wealth and inheritance, succession planning and capacity. Jenny is a champion of mediation and other forms of alternative dispute resolution, but also has experience of litigation in the High Court and the County Court, the Court of Protection, the First-Tier Property Tribunal and the Adjudicator to HM Land Registry.

Jenny obtained her degree from the University of Manchester (BA Hons, English) before studying for the Common Professional Examination and Legal Practice Course from Anglia Ruskin University, gaining a commendation and a distinction respectively. She qualified as a Solicitor in August 2004.

Jenny is an associate member of the Association of Contentious Trust and Probate Specialists.

Jenny regularly volunteers pro bono advice sessions for the Chelmsford Law Clinic.

Jenny is recommended by Legal 500 [UK 2021].

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