A Journey Through Loss and Litigation is a podcast series from Roskilly & Co exploring the challenges that can arise when grief, family relationships and contentious probate disputes intersect.
In each episode, we speak with leading legal and other professionals about the realities of navigating disputes following the death of a loved one. Our guests share their expertise, practical advice and top tips, covering everything from contentious probate and inheritance claims to grief, mental health and the wider support available to those going through difficult circumstances.
Publisher
Roskilly & Co
Category
kids & family · society & culture · society & culture
Annmarie Carvalho & Don Armand (Bonus edition - one for the lawyers)
The Carvalho Consultancy | Legal Therapy, Coaching & Training | The… (https://carvalhotherapy.com/)
Sampson Armand | Leadership & Team Performance (https://sampsonarmand.co.uk/)
roskillyco.uk (https://roskillyco.uk)
22 Oct 2026
Mark Keeley & Miranda Allardice
In this episode, Mark Keeley, Partner and Joint National Head of Private Client Services at Freeths, and Miranda Allardice, barrister and mediator, share practical insights on preparing for and getting the most from mediation in contentious trusts and probate disputes.
Drawing on their extensive experience, they explore effective mediation strategies, the roles of mediators and barristers, the importance of position statements and bundles, crafting offers, costs and outcomes, and why negotiations can remain valuable even when a dispute doesn’t settle on the day.
22 Oct 2026
Kate Rutherford
In this episode, Kate Rutherford, Partner in our non-contentious private client team, explores the role of an Independent Administrator and how they can help when estate administration becomes difficult.
Drawing on over 18 years’ experience, Kate discusses when an Independent Administrator may be needed, how they are appointed, what the role involves and the benefits of neutrality for families and legal advisers. She also shares practical tips for avoiding disputes, including key considerations when drafting wills.
15 Oct 2026
Emma Gray
In this episode, we are joined by Emma Gray of Rainbow Hunting, a former non-contentious private client lawyer who has experienced the realities of bereavement from both sides of the legal process, professionally, and personally.
Emma shares a powerful insight: you can have all the legal knowledge in the world, but you still don’t know what you don’t know until grief happens to you.
We talk about the collision between grief and litigation and how the legal system often expects people to make rational decisions, meet deadlines and navigate complex processes at a time when their world has been turned upside down.
Emma explains what grief-aware legal support looks like in practice, from compassion and clear written communication to pacing decisions and recognising the emotional toll of litigation.
We also explore Emma’s work through Rainbow Hunting, where she helps people find hope in difficult times through grief therapy, a low-cost membership community and her Sadmin® course, which guides people through the end-of-life paperwork they may need to work through.
15 Oct 2026
Ollie Murrell
Property issues in contentious probate disputes.
In this episode, we are joined by Ollie Murrell, a chancery and commercial barrister at Guildhall Chambers, to explore the property issues that frequently arise in contentious trusts and probate disputes.
Recognised as a Rising Star by the Legal 500 in Private Wealth, Probate & Tax, Ollie specialises in private wealth, real estate, agriculture and commercial disputes. He is co-author of A Practical Guide to Missing People and the Administration of Estates and sits on the committee of The Contentious Trusts Association.
The discussion covers key issues including the occupation of estate property following a death, family members facing eviction, disputes over beneficial ownership, Land Registry restrictions, occupation rent and injunctions to protect property and sale proceeds. We also consider proprietary estoppel, settlement and costs and the practical steps parties can take to protect their position.
Offering insights into both the legal principles and practical realities of property disputes following a death, this episode is valuable for beneficiaries or executors who may be facing these difficulties, including practitioners and anyone interested in finding out more about this area.
Ollie concludes with practical tips on preserving evidence, managing disputes and avoiding common pitfalls when property becomes the focus of an estate dispute.
8 Oct 2026
Professor Alistair Burns
The Role of Expert Evidence in Will Validity Challenges
In this episode, we are joined by Professor Alistair Burns, Emeritus Professor of Old Age Psychiatry at The University of Manchester and one of the UK’s leading experts in older people’s mental health and dementia.
Professor Burns discusses the role of medical expert evidence in contentious probate cases, including retrospective assessments of testamentary capacity and the evidence that experts consider when assessing whether someone had capacity when making their will.
The conversation explores different types of dementia and their potential impact on decision-making, the distinction between testamentary capacity and knowledge and approval, vulnerability and undue influence, and the role and limitations of cognitive testing such as the MMSE.
We also discuss why experts can sometimes reach different conclusions when reviewing the same evidence, and what happens when an expert is required to give evidence at trial.
An insightful discussion about the medical evidence behind some of the most challenging issues arising in will validity disputes.
8 Oct 2026
James Saunders
Will Validity Challenges: When Should a Will Be Investigated?
In this episode, we are joined by James Saunders of New Square Chambers to explore will validity challenges and the circumstances in which a will may need to be investigated.
James discusses the first steps someone should take when concerns arise about a will, including Larke v Nugus requests, and explores the key grounds on which a will may be challenged, including invalid execution, forgery, testamentary capacity, knowledge and approval, and undue influence.
We also discuss the role of expert evidence, the importance of taking proportionate advice at an early stage, costs and potential litigation risks, and the value of building the right legal team. James also shares his insight into mediation, settlement and what clients can expect if a dispute ultimately proceeds to trial.
An informative discussion for anyone involved in, or advising on, a potential will validity dispute.
30 Sept 2026
Alex Troup KC & Alexander Learmonth KC
In this episode, Emily Roskilly of Roskilly & Co speaks with leading Counsel Alex Troup KC of St John's Chambers and Alexander Learmonth KC of New Square Chambers about claims brought by adult children and by dependants for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 ("the Inheritance Act"). They also discuss proprietary estoppel claims.
The episode begins with the key legal principles under the Inheritance Act, including how these claims are confined to what is required for "maintenance". The discussion then turns to funding, costs and potential settlement.
The conversation then moves on to the key elements of a proprietary estoppel claim, including the promise or assurance made and detrimental reliance, and what awards the court is likely to make.
Throughout, the guests highlight the value of early settlement and mediation in avoiding lengthy and costly litigation.
30 Sept 2026
Ruth Hughes KC
In this episode, Emily Roskilly of Roskilly & Co speaks with leading counsel Ruth Hughes KC of 5 Stone Buildings about spousal and cohabitee claims under the Inheritance (Provision for Family and Dependants) Act 1975 ("the Inheritance Act"). They explore who can bring a claim, the two distinct types of spousal claim and the different tests the court applies when assessing financial provision. Ruth also explains the two-year cohabitation requirement for cohabitee claims and the factors the court weighs when deciding what to award. The discussion also covers former spouses, claims by dependants, costs, settlement, and the role of executors when an Inheritance Act claim is brought against an estate.
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