Helena Fairley

Helena has considerable experience dealing with contentious probate matters, including numerous Inheritance (Provision for Family and Dependants) Act 1975 claims and disputes arising during the administration of trusts and estates.

She is regularly asked to advise on issues regarding the validity of wills, including issues relating to testamentary capacity, lack of knowledge and approval, undue influence, fraud, lack of due execution and revocation.

Helena has also advised on contentious Court of Protection matters, including opposed Statutory Will applications and disputes regarding Lasting Powers of Attorneys.

• Acting for the successful applicant in the reported case of Cherfan v HM’s Senior Coroner for West London [2024] EWHC 3261 (Admin) in which the findings of an inquest were quashed and a fresh inquest ordered.
• Acting for the successful claimant in the reported case of Fraser v Khawaja [2023] EWHC 3143 (Ch) in which a Will was set aside on the grounds of forgery and fraud.
• Acting for the successful claimant in the case of Hudman v Morris [2021] EWHC 1400 (Ch) concerning a dispute between executors of an estate.
• Advising on a variation of trust application on a £500m trust, which included a successful application for anonymity.
• Commencing and defending multiple claims under the Inheritance (Provision for Family and Dependants) Act 1975 for all categories of claimants and defendants and obtaining settlement without the need to issue proceedings.
• Acting for a professional deputy in defending Court of Protection proceedings concerning a statutory will application.

• LPA challenges, conduct and conflicts – News, April 2025
• Funeral Arrangements and Disposition of Remains: A Need For Reform? – In Trust, January 2025
• Cherfan v HM’s Senior Coroner for West London [2024] EWHC 3261 – News, December 2024
• Fraser v Khawaja: An Elaborate Yet Failed Attempt at Will Fraud – News, March 2024
• No-Contest Clauses: On One Condition… – TL4, January 2024
• Disputes Digest – When Delay leads to Disaster – In Trust, January 2024

Member of the Contentious Trusts Association (ConTrA)

Student member of the Association of Contentious Trust and Probate Specialists (ACTAPS)