Geraldine Stephens

Geraldine Stephens is a commercial litigation senior associate with over 10 years’ experience specialising contentious wills, trusts and probate matters, commercial litigation and with experience in advising charitable organisations .

Geraldine’s expertise includes will disputes, claims for financial provision under a will or intestacy, and probate claims including applying to the court on behalf of Executors for directions. Geraldine is studying to become a member of the Association of Contentious Trust and Probate Specialists (ACTAPS). She also assists with all varieties of commercial litigation ranging from professional negligence, injunction proceedings, and shareholder disputes.

Geraldine originates from the North of Ireland and obtained a 2:1 LLB from Queen’s University in Belfast before obtaining a Commendation at the University of Law in Chester. Geraldine is on the ESG committee and Equality Diversity and Inclusion committee of Clarke Willmott in Manchester and has a keen interest in these issues and improving social mobility.

She sits on our Charity committee of Clarke Willmott and is a family care mentor in the Manchester office. Geraldine helped run a legal advice centre for 7 years and is also a representative for the Solicitor’s Charity. Geraldine was President of Trafford Law Society from 2017 to 2019 and is the current Co-Chair of Manchester Law Society’s civil litigation committee.

Experience

• Acted for an adult child in relation to pursuing claims against his Deceased’s parent’s estate pursuant to the doctrine of proprietary estoppel and/or for reasonable financial provision under the Inheritance Act. Considered extensive evidence to support our client’s claims and a detailed analysis of bank accounts and the law concerning the position regarding the Deceased’s interest in joint accounts with other beneficiaries. Claim settled before mediation/proceedings.
• Acted on behalf of a client who issued an action under the Inheritance (Provision for Family and Dependents) Act 1975 in the High Court. The value of the claim was over half a million pounds and was issued against 8 defendants. The claim settled after a lengthy mediation.
• Assists in either in claims by those seeking to challenge the validity of a will or defend against such claims.
• Acting for beneficiaries who have concerns about the handling of an estate by executors, trustees or personal representatives.
• Acted for the Defendants in the reported case of, NP Integrated Technology v Entwistle [2017] EWHC B21. This involved a trial over four days of a claim and a counterclaim concerning work undertaken by the Claimant Company in connection with the supply and installation of an integrated technology system at the Defendants’ house. The Defendants were ultimately successful whilst also being awarded 85% of their costs.
• Acted for the First Defendant in a claim brought by a Claimant seeking a declaration that it was the beneficial owner of a 1/3 of the issued shares in the Third Defendant Company. The claim was interesting procedurally and involved the following: relief from sanctions application, security for costs application, mediation and an appeal. The claim is a high profile, reported case, coming as it did before the Court of Appeal in a conjoined appeal: Denton v TH White Limited, Decadent Vapours Limited v Bevan and Utilise TDS Limited v Davies and another (Utilise TDS Ltd v Davies and Another [2014] EWHC 834),which was treated by the court as a guideline case for much anticipated clarification of the “Mitchell” guidelines to applications for relief from sanctions.
• Acted for a Claimant that could not complete a very high value property purchase. It was argued that the reasons for not being able to complete the property purchase were reasons that were outside the client’s control and exceptional circumstances. The prospective claim considered a consideration of a claim under section 49 (2) of the Law of Property Act 1925 and was ultimately settled resulting in the client obtaining repayment of the majority of the deposit made.

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