Contentious Probate and Inheritance Claims - Death in the Modern Age

Appointed to silk in 2021, Alexander Learmonth KC has a busy practice and an enviable reputation as a leading figure at the Chancery Bar. Described as “intellectually and technically remarkable” (Legal 500), he is renowned for his “first-rate strategic acumen” (Chambers HNW), and his “great advocacy and cross-examination skills” (Legal 500).  Besides being “an excellent trial lawyer, cerebral but assertive”, “a commanding advocate”, and “a true team player who rolls up his sleeves,” he is also noted for being “charming” and “affable” with clients at what is often a stressful time.

His principal areas of practice are succession and trusts, both at home and abroad, having appeared in many major cases, at every level of court, including the first probate case ever to reach the Supreme Court, Marley v Rawlings. He is editor of leading textbooks: 'Theobald on Wills' and 'Williams, Mortimer & Sunnucks on Executors, Administrators and Probate'.

Amy Berry is well known and well liked amongst her peers for her succession work often on behalf of or involving those who have lost capacity. Described in the Legal 500 as “practical”, “knowledgeable” and a “passionate advocate who will go the extra mile for clients.” Amy has a tier 1 ranking in Chancery, Probate and Tax. 

Amy thinks laterally, she has to as she is dyslexic, and her work is bespoken and forward-thinking. Amy deploys her skills at people management, farming, property development, acting as a trustee and working with the disabled to create a real niche practice with a large following. Amy is in great demand and has an unbelievable ability to manage and resolve the most complex of cases and people.

Monika Byrska is a bilingual solicitor specialising in trust, will and estate disputes. 

Monika advises in all types of private client disputes. This includes: will challenges, Inheritance Act claims, disputes relating to the administration of estates, actions against trustees and personal representatives, promissory estoppel claims, trust disputes between co-owners of a property, and application for directions in administration of trusts and estates. 

As a STEP-qualified practitioner, she is uniquely qualified to assist with both contentious and non-contentious aspects of trust and estate administration. She therefore also represents personal representatives and trustees advising on the administration of trusts and estates, which are complex or entangled in disputes. 

As Monika often meets clients when they are going through their most difficult times, she aims to put them at ease with her straightforward and compassionate approach. She has passion and years of experience in resolving what may seem to be the most impossible disputes over wealth.  

She is bilingual and able to service clients in Polish. With a background in linguistics and interpretation, Monika also has a working knowledge of a couple other European languages. 

James joined Stevens & Bolton in 2017, having trained and qualified at a Top 50 firm. He became a partner in 2019.

James acts predominately for private clients or for those who advise private clients, such as corporate trustees, private banks and other law firms.

James advises on claims by or involving estates and trusts, most commonly involving high-net-worth and ultra-high-net-worth individuals. He acts for executors, trustees and beneficiaries, and also specialises in advising on claims under the Inheritance (Provision for Family and Dependants) Act 1975.

James also has a substantial practice advising on claims overlapping the trusts and family court jurisdictions, dealing with trustees and beneficiaries who have become involved in divorce proceedings and on issues arising from the enforcement and implantation of ancillary relief orders made in divorce proceedings.

Constance specialises in trust and probate disputes.  She has appeared in a number of highly publicised cases, including Reeves v Drew (a probate dispute about the £100m estate of an illiterate testator). In 2016-17 she was Junior Counsel for the Respondent in the landmark case of Ilott v The Blue Cross in the UK Supreme Court. Constance acted for the successful respondent in the important case of Hirachand v Hirachand, in which the Court of Appeal determined in October 2021 that a CFA success fee can be recoverable as part of an award under the 1975 Act.  Constance also has an international practice, and in 2022 appeared twice in the Bermuda Court of Appeal, obtaining a personal costs order against PRs who had departed from a position of neutrality.

Robin Jacoby DM. FRCP. FRCPsych. 

Robin Jacoby studied modern languages (Russian & French) at Oxford, followed by medicine at Oxford and Guy’s Hospital.  He undertook postgraduate training in psychiatry at the Bethlem Royal and Maudsley Hospitals, where he was a consultant for ten years before moving to Oxford in 1994.  Currently he is Professor Emeritus of Old Age Psychiatry at the University of Oxford.  He has a particular interest and experience in contentious probate cases and has written more than 350 opinions on contested Wills of which 23 were reported in the Law Reports.  He is a co-author with Martyn Frost and Stephen Lawson of Testamentary Capacity: law, practice and medicine published by Oxford University Press in 2015.  

Julia Burns is a mediator and conflict coach specialising in family inheritance disputes. Julia founded Dove in the Room in 2019 having been a contentious trusts and probate solicitor since 2005. Julia is the only mediator in the UK with the CEDR private client mediation qualification and is on CEDR’s panel of mediators. Julia is ranked in Legal 500 and is as a leading Trusts Mediator in Chambers & Partners HNW.

Julia was shortlisted for the “Civil and Commercial Mediator of the Year” award at the National Mediation Awards in 2022.

As a conflict coach, Julia also coaches family members involved in family conflict either as a collective group or 1-2-1.  Julia is a Consultant Solicitor at Merali Beedle in London. Julia is ACTAPS qualified, a STEP Affiliate Member and has just finished a 5-year term as a committee member of the Contentious Trusts Association (ConTrA).  

Ed advises on a range of private client and commercial trusts work. 

He works with financial institutions, private clients, family offices, trustees and beneficiaries on complex UK and international trust law issues, personal taxation, and estate planning.

Ed has considerable experience in complex trust law issues, including drafting bespoke family and commercial trusts for a range of clients.  He also advises UK and international individuals on UK personal tax, including residence, domicile, the remittance basis, pre-arrival planning and inheritance tax. 

He advises charity trustees, those who transact with charities and donors on charity law and philanthropy, including the creation of charities. 

Ed also has a particular interest in the law relating to art and cultural property, and has led the firm's Art and Heritage Property team since 2019.

Emma advises beneficiaries, trustees, and other fiduciaries on trust disputes both onshore and in numerous offshore jurisdictions. Emma also specialises in probate disputes, including when conflicts of private international law arise, and disputes overseen by the Court of Protection. Emma is recognised by Chambers High Net Worth as an ‘Up and Coming’ Partner, by The Legal 500 as a 'Next Generation Partner’, by Private Client Global Elite as ‘One to Watch’ and by Spear’s as one of the ‘Top Recommended 2021, Contentious Trust Lawyers’.

Emma regularly advises where there is friction between beneficiaries and fiduciaries and also to facilitate separation of beneficial interests, assisting with associated court applications both on- and off-shore.

Emma advises on succession issues and the validity of wills, including issues of capacity and advises where conflicts of private international law arise. She also assists with claims made under the Inheritance (Provision for Family and Dependants) Act 1975.

Emma also has experience in relation to the affairs of those who have lost capacity and associated applications in the Court of Protection.

Bryony is an experienced private client lawyer working with a range of clients, from individuals and families, to trustee companies and family businesses. At the core of her practice is helping clients and their families put in place the most effective strategies to manage the long term stability and integrity of their estates.

Bryony has extensive experience advising on all aspects of UK estate planning, including wills, trusts, lasting powers of attorney (LPA) and family governance issues. She regularly advises on the administration of large and complex estates and international probate, and some contentious probate and trust matters.

Natasha is a partner in the trust, estate and inheritance disputes team. 

She advises on a wide range of trust and succession disputes both onshore and offshore, including trustee/beneficiary disputes, contested probate and 1975 Act claims, and professional negligence in the context of estate planning and trust administration. 

She also advises on Court of Protection matters, including statutory wills, lifetime gifts, contested registrations and Powers of Attorney. 

Natasha has been described by Legal500 and Chambers & Partners HNW as ‘an outstanding lawyer’, ‘unflappable and has good technical knowledge’ and ‘approachable, she makes time for clients and she has a really sensible head on her shoulders’.

She is a contributing author of The Law Society’s Probate Practitioner’s Handbook and Jordan’s International Trust and Divorce Litigation.

Oliver advises trustees, protectors, high-net-worth individuals, charities and beneficiaries in a broad range of domestic and offshore trust and estates disputes, including claims relating to breach of trust, sham, mistake and challenges to trusts on divorce or insolvency. He also advises on trustees’ applications for rectification, directions or construction issues, variation of trusts applications and applications for the removal of trustees.

Oliver is a member of the Association of Contentious Trusts and Probate and regularly writes for legal publications specialising in trust and estate matters. He co-authors the trust litigation chapter in the STEP-approved loose-leaf Planning and Administration of Offshore and Onshore Trusts and is a member of the ‘LexisNexis panel of Private Client experts’.

William Moffett is a highly regarded barrister, who is recognised for his expertise in private client, real estate, charities and business disputes. He also acts in professional negligence claims in those areas. He regularly appears in litigation in the High Court and Court of Appeal, often in critical, high-value cases. He is recommended by Chambers UK Bar and The Legal 500 UK Bar, where he is frequently praised for his clarity, thoughtfulness and outstanding advocacy skills. He is also noted for the quality of his advisory practice.

Willem is a Co-Founder of Cadell - the first and only art advisory firm regulated by the Financial Conduct Authority.  Cadell provides the Private Client industry with blue chip, truly independent advice in a sector where undeclared conflicts present a serious risk to clients.  

Willem works with over 30 top Legal Firms, Professional Trustees and Family Offices delivering professional grade selling, buying and valuation advice for art, decorative objects, furniture and jewellery worth $300-500m per year.  Cadell covers all client needs at every value level, values for individual works can range from a few thousand up to many millions.  Willem is supported by Cadell’s team of 26 highly experienced independent sector experts.  He advises on clients primarily in London, Geneva, Lausanne, Zurich, Monaco, Jersey, Guernsey and the Isle of Man. 

A former global Executive Management Board member at Christies, Willem was responsible for Group Operations. Additionally, Willem has a background in Corporate Finance, Risk Management and Management Consulting.  He has also advised major Private Equity investors in the art sector. Willem was educated at Bristol University (BSc.), Warwick Business School (MBA) and INSEAD (Executive Leadership).

Described by Chambers & Partners as ‘an exceptional barrister’, Aidan Briggs has established himself as a specialist advocate and advisor for trusts, estates and property disputes. His regular trial experience in the High Court gives him the edge in the courtroom and makes him a favourite for factually complex cases where effective cross-examination may be the difference between winning and losing. 

Aidan’s practice covers the full range of private client matters: contested probate and 1975 Act claims, partnership disputes and contentious trusts work (both on- and offshore) as well as proprietary estoppel, commercial landlord and tenant disputes and trusts of land. His cases often involve multiple jurisdictions and issues of domicile.

Aidan is fully versed in the tax implications of private client disputes and regularly advises in relation to Inheritance Tax, Capital Gains Tax and Stamp Duty Land Tax matters, particularly as they affect farmland and farming families.

Alicia is a litigator who advises individuals, families, and trustees on the full range of domestic and international contentious trusts and probate matters. Clients value her ability to marry high-quality and pragmatic legal advice with a thoughtful and personable manner.

Alicia’s practice covers a broad range of complex trust and probate issues. She advises on many high-profile, high-value disputes that span multiple jurisdictions. Her clients include high-net worth individuals and families (based both in and out of the UK), trustees of international and domestic trusts, and beneficiaries of both complex trusts structures and high-value estates. She has advised both claimants and defendants, at all stages of the litigation process – from pre-action advice and negotiations, up to trial and subsequent appeals (including to the Supreme Court).

After many years of litigation practice, where she was ranked by Chambers and Partners as a leading junior in both traditional Chancery and Court of Protection matters, Charlotte now practices solely as a mediator.   She uses her knowledge and experience of Chancery and Court of Protection litigation to help clients resolve their disputes without the costs and risks of litigation.

Charlotte qualified as a mediator in 2013 and undertook mediations for several years alongside her litigation practice.  She now practices exclusively as a mediator in relation to both traditional Chancery disputes and Court of Protection matters (where she was a panel mediator for the Office of the Public Guardian’s pilot programme evaluating the benefits of mediation in Court of Protection disputes).

James Warner is consultant old age psychiatrist at Halcyon Doctors and Honorary Consultant psychiatrist and Kensington & Chelsea and Westminster Memory Service. James’ clinical and academic interests include mental capacity and dementia. He has contributed to over 100 peer reviewed research papers and a number of books and book chapters. James has also been Chair of the faculty of Old Age Psychiatry at the Royal College of Psychiatrists and National Professional Advisor for Old Age Psychiatry at the Care Quality Commission.

Charlotte has been head of the Family team at Kingsley Napley since 2013.  She specialises in all aspects of family law, particularly international issues, both in relation to finance and children. Charlotte has a reputation for cross border jurisdiction issues, particularly European and Relocation cases, and for acting for unmarried parents in Schedule 1 (financial provision) cases.  She is also an accredited mediator and collaborative lawyer, working with high profile and high net worth couples keen to resolve their separation in private.

Charlotte is listed in the top ranks of the legal directories; Chambers UK, Chambers High Net Worth & Ultra High Net Worth, and Legal 500 UK. She is also Top Recommended in Spear's Family Law Index 2022. Charlotte was shortlisted as Family Law Partner of the year in 2019 in both the Family Law Awards and Chambers High Net Worth Awards.

Lucinda Brown is a Partner and Head of the Will and Trusts Disputes Team at BDB Pitmans. She is an experienced and well-respected litigator and a recognised leader in this area of work. She has dealt with contentious trust and probate claims of all types with particular specialisms in proprietary estoppel claims, breach of trust claims and mental capacity matters. She has been ranked as Leading Individual in the Legal 500 for several years and is a Band 1 ranked lawyer in the Chambers and Partners High Net Worth Guide. Clients and peers say that Lucinda has “a real gift for understanding the technical challenges and seeing the best method of resolution.

Jacob specialises in domestic and international litigation, with a particular focus on trust disputes, international succession and estate disputes and fraud. 

He advises on a broad range of litigation both in England and across the world, including the BVI, Guernsey, Cayman, Cyprus and Hong Kong. He focuses particularly on:

• trust disputes, including removing or defending trustees, tracing assets, and disputes between beneficiaries;
• estate and probate disputes, including disputes over the validity of wills and claims against the solicitor who drafted the will;
• fraud claims, including tracing and recovering assets; and
• insolvency claims, including claims against former directors and recovering assets for creditors.

Jacob edits the Contentious Matters section of the Butterworths Wills, Probate and Administration Service.

Jacob is ranked as a leading individual in the 2021 UK Legal 500 guide.  He is a qualified solicitor advocate and sits as a Magistrate in London.