Got a probate issue? Meet Acuity Law Contentious Probate Litigation Partner and ACTAPS member Janice Powell.
Did you always want to be a lawyer?
Janice Powell (JP): I have always had a very strong sense of righting injustice. I’m from a working-class background and my father was persuaded to leave the Fire Service by a builder friend who promised him 50% of the proceeds of a house-building business. In the end, my dad received nothing for his work as a builder and couldn’t afford to instruct a solicitor to pursue his claims. My father was dealt an injustice, and that inspired me to help people in the future. Plus, I do love a good argument!
How did you end up as a contentious probate specialist?
JP: I trained and qualified in London and moved to Russell Jones & Walker (now Slater & Gordon). I was initially a commercial litigator – dealing with libel and copyright claims, property litigation and professional negligence. I first became a Partner when I was 30 and appointed Head of Property Litigation at RJW.
After I had my second child, I decided to return to Wales, where I grew up. I was offered a package to stay with my London-based practice, but eventually moved to the Eversheds Property Litigation Team. I spent nearly a decade there before moving to Thomas Simon, which became Gordon Dadds and then Ince.
Thomas Simon had a large will bank, which resulted in my move into specializing in Contentious Probate work. I really enjoyed it, because it appealed to my sense of righting injustice. Back then, I was typically acting for women who had raised a family, whilst their husbands income and wealth was in the husband’s estate. I wanted to make sure that those women, who had contributed so much to the marriage and family, received their justice. I also acted for same sex couples in 1975 Act Claims before the law changed and protected their rights.
What qualities do you need to be a successful probate litigator?
JP: When I am consulted, my clients are grief stricken. To exacerbate this, they are also angry and upset concerning the dispositions of their loved ones estate, either by the contents of the will, or the intestacy rules. They need a lawyer and team who are empathetic, sensitive and understanding – you’re not just a lawyer, you’re their counsellor, supporter and confidant, not least because you have to really dig into their lives and provide rational advice in circumstances where they are often acting in an irrational manner due to heightened emotions. We see the whole of humanity and they have to feel comfortable telling us about the skeletons in their closet – so you also need a good poker face!
What should people know about contentious probate that they often don’t?
JP: Understandably, people don’t want to contemplate their mortality and often don’t prepare a will, or if they do, they fail to discuss their wishes and ramifications after they die. Further, the impact of the intestacy rules can significantly impair the provision they intended to make, but the lack of a will frustrates their expressed wishes to loved ones. The result is that the legal costs incurred, which will ultimately deplete the value of the estate, could easily run exceed £100k if a case goes to trial. Happily, most of my cases settle at mediation which provides a forum for a holistic settlement than that which a court can order.
Contentious Probate is a growing field. Society has changed and there are more blended families (with more children) and more couples favoring cohabitation. If they don’t make a will, issues can arise. Couples often don’t realise that being in a common law relationship (unmarried but living together) doesn’t entitle the surviving partner to inherit.
To add to that, there is a growing income gap between generations – elderly people are often cash poor but asset rich, whilst younger people often struggle to buy a house. Elderly people can sometimes be serial will changers and use their wealth and promises of inheritance to ensure care in the later years of their life. Further, younger people are likely to bring claims, especially because if they have no assets, they have nothing to enforce a costs order against and therefore nothing to lose. We see more nuisance claims for that reason, and it can be more cost-proportionate to pay a settlement figure than fight a claim. Equally, we also see manipulative partners continuing to control their family beyond the grave by leaving an unjust will.
Lastly, many people are naïve in terms of legal matters and don’t use solicitors, for example, to transfer land legally or record the terms of oral agreements. We often act in farming disputes where claims of proprietary estoppel are brought for this reason.
What have been your career highlights?
JP: I worked for a lady with health issues who had been manipulated and coerced and was enduring a difficult relationship with her partners son, after the death of her partner who had failed to leave a will. She became suicidal. I was able to negotiate a settlement with the stepson which ensured she kept her house and had enough income and capital to get her life back. As a result, I saw her blossom into living and loving her life again. I love to feel I have helped turn someone’s life around, and do what I set out to do at the start of my career: ie to correct injustice.
How has the profession changed over the course of your career?
JP: Attitudes towards female solicitors have changed enormously.
When I was a trainee, that firm made women wear skirts and high heels. The other trainees and I decided to stage a protest, and we all turned up in smart trouser suits. The office manager gave us an ultimatum – go home and change or be sacked on the spot. We had no choice but to comply.
When I was on maternity leave, I was frequently required to attend meetings and bring my baby with me whilst I was breastfeeding.
Technology has changed the way we work and has given much more flexible working practices.
If you hadn’t become a lawyer, what would you have been instead?
JP: I was always interested in pursuing a career in psychology. It’s so important to understand a person’s motivations and the psychology behind their behavior when you’re negotiating a settlement – they’re not always what they say they are, and people are very driven by emotions.
But I’d also love to have been a salsa dancer or work on a tropical beach!
Do you have any advice for your younger self?
JP: Believe in yourself and trust your instincts. Be resilient and don’t be afraid to start again. Don’t take any rubbish from anyone!
Maintain your hobbies and your passion projects – be a well-rounded, kind person. Don’t be afraid to find the fun in every day!
If you need help with contentious probate matters, reach out to Janice and our Probate litigation team.
