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.
Experience
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.
Publications
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
Endorsements
Member of the Association of Contentious Trust and Probate Specialists (ACTAPS)
Member of the Contentious Trusts Association (ConTrA)
Testimonials
Andrew O'Keeffe and Helena Fairley: Both are a pleasure to work with, providing timely and accurate instructions and papers and bring a pragmatic approach to litigation.
Legal 500 2026
Helena's insights
Insights
Oct 28, 2025
Signed, sealed, delivered: take care before you sign on the dotted line… Canarapen v Gauchenot
Background The Claimant, Jean-Michael Canarapen, is the nephew of the Defendant, Marie Ginette Gauchenot. The matter concerned the estate of Ms Gauchenot’s late mother (the Deceased), who died on 30 July 2021. The Deceased left a Will dated 16 July
Awareness is growing of the scale of abuse of lasting powers of attorney (“LPAs“). At the end of last year, a Private Members’ Bill was tabled, one of the aims of which is to reduce the risk of financial abuse
Funeral arrangements and disposition of remains: A need for reform?
The tragic case of Read v Hoarean & Anor [2024] EWCH 3274 (Ch) has highlighted that the law governing the disposition of loved ones remains is inconclusive and unfit for modern needs. The Law Commission is currently reviewing this area
