Partner.Dawn has a wealth of experience litigating and working proactively with wealth-holding structures across the trust world, Europe, South America, Russia & CIS and the Middle East. She is tri-qualified (England & Wales, BVI and Eire) and acts in and advises on litigation spanning the whole range of trust and succession issues, from prophylactic litigation to the most hostile of cross border and multi jurisdiction cases. Previously a divorce lawyer, she also advises trustees and beneficiaries caught up in divorce proceedings. Garnering her experience as a litigator and fiduciary for a UNHW family, Dawn advises families, family offices and businesses, trustees and other power holders on governance and reduction and management of fiduciary risk. She applies her understanding of conflicts of laws, geopolitical risk, family tensions and succession to wealth and businesses to help clients create or restructure robust trust and succession vehicles with sufficient flexibility to continue through to succeeding generations.
Contentious trusts and probate
Hall of Fame
The lawyers at the very top of the profession, widely known and respected by peers and clients for their longstanding involvement in market-leading work.
Jeremy advises clients both private and corporate on a wide range of problems that reflect the broad-based nature of the firm’s disputes practice. In addition to having advised on a wide range of commercial disputes, Jeremy has been particularly involved in trusts and estates disputes in recent years, acting for both trustees and beneficiaries. Jeremy frequently advises on matters involving mental capacity issues, working to protect vulnerable people who may be affected by mental illness, addiction or dementia. He has handled claims in various jurisdictions and has extensive experience of representing clients and resolving their claims in arbitration and mediation as well as in High Court litigation.
Toby is head of Farrer & Co's Contentious Trusts and Estates group. He specialises in contentious trusts and estates, usually of high-value with international elements. He has been involved in trusts disputes before courts in England, The Bahamas, Bermuda, BVI, Cayman, Cyprus, Guernsey, Jersey, Singapore, Switzerland and TCI. He has experience of a broad range of disputes such as third party claims; validity issues; breach of trust; Hastings Bass; applications for approval under VTA; disputes over investment performance; Inheritance (Provision for Family and Dependants) Act 1975; validity challenged to wills. Toby is co-editor of Trusts & Trustees published by Oxford University Press; a member of the editorial board of Wills & Trusts Law Reports; a co-editor of “A Practical Guide to the Transfer of Trusteeships” (2nd ed) published by STEP and is the author of the course notes for the STEP Certificate in Trust Disputes.
Partner. Paul specialises in domestic and international trust and succession disputes. Described as a ‘star litigator’ and ‘a formidable opponent’, Paul represented His Exalted Highness VIII Nizam of Hyderabad in litigation with India and Pakistan, successfully securing funds held by NatWest since 1948. Recent 1975 Act successes include Bhusate v Patel, Thakare v Patel on appeal, (widow permitted to bring claim 25 years out of time), Cowan v Foreman in the Court of Appeal, and Wells v Chorus Law (neighbour prevented from bringing claim as 'child as deceased'). Paul also advises on contentious Court of Protection matters, both financial, and health and welfare (including the leading decision Re MN on cross border welfare). Other high profile cases include acting for the trustees in the Hastings Bass matter of Futter v Futter applying to set aside the result of incorrect tax advice, and in Hodkin v Registrar General of Births, Deaths and Marriages, both of which went to the Supreme Court, and for the successful claimants in the Court of Appeal probate dispute Hawes v Burgess.
Sofie Hoffman acts on a number of international contentious trust and probate matters, frequently involving allegations of fraud and dishonesty.She also represents victims of fraud, both companies and individuals, in assisting them to recover the proceeds of fraud through the Civil Courts.
Mark is a Partner in Mishcon Private, specialising in complex inter-family domestic and international trust and succession disputes often involving asset-tracing and recovery in offshore jurisdictions. He has significant experience in advising private individuals and trustees on cross-border inheritance disputes, Will disputes, Inheritance Act claims, Court of Protection applications, estate administration issues, breach of trust and proprietary estoppel claims. Mark is a recognised leader in his field. Chambers & Partners describes Mark Keenan as "utterly client-focused, a brilliant lawyer and a brilliant tactician". He receives praise for his technical expertise and client care skills: "I have total faith in him. He is caring and clever, which is a great combination." Legal 500 rankings highlighted Mark as "an individual star: hugely interventionist in a good way, and an amazing tactician" with "an encyclopaedic knowledge of the relevant cases". Mark is a member of the Association of Contentious Trust and Probate Specialists (ACTAPS), the Society of Trust and Estate Practitioners (STEP) and the International Fraud Group (IFG). The IFG is a global network of specialist fraud lawyers across 14 countries focused on securing injunctions, asset recovery and trust busting remedies in key offshore jurisdictions. He is a professional Deputy of the Court of Protection. Mark is also part of the MDR Solutions I team, a litigation finance venture offering greater access to funding for claimants.
Partner. Steven specialises in the resolution of disputes relating to trusts and estates in a UK and international context, in particular where cross-border issues and conflicts of law are involved. Recent cases have involved disputes in the Channel Islands, Isle of Man, Switzerland, Gibraltar, Liechtenstein, Hong Kong, Singapore, Cayman Islands and Bermuda. He also advises on dispute resolution where UK charities are involved. Steven has also accepted appointment by the relevant courts to act as a representative party looking after the interests of children and unborn beneficiaries in trusts and estates disputes. He also has particular expertise in guiding clients through alternative dispute resolution processes, including mediation, early neutral evaluation and the evolving use of arbitration in trusts disputes.
Graeme heads the firm's Contentious Trusts & Estates team. He advises trustees, executors and beneficiaries in relation to a broad range of disputes. Graeme is recognised in the legal directories as a leader in contentious trust and estates matters. He practises in both domestic and international trust and succession disputes - recent cases have involved parties located in multiple onshore and offshore jurisdictions around the world. Graeme regularly works alongside his colleagues in the family and private client teams on complex multi-jurisdictional issues. He also has a growing practice in IFA disputes and handles fraud and professional negligence cases relating to trust, tax and succession matters.Graeme is admitted to practise in England and Wales.Experience highlights: Advising beneficiaries in an offshore trust dispute involving assets in excess of $2bn Advising trustees on a multi-jurisdictional trust dispute involving funds in excess of $100m where there were allegations of fraud against a protector Advising trustees in English divorce proceedings involving assets in a number of jurisdictions Acting for clients in complex Inheritance (Provision for Family and Dependants) Act disputes
Charles specialises in private client disputes, particularly international trust and estates litigation. Charles has been the head of Macfarlanes private client disputes group since 2001. Charles has particular expertise in international trusts and estate litigation for high-net-worth individuals. He has a depth of experience in advising trustees, beneficiaries, protectors, executors, administrators in contentious situations arising out of disputes involving these structures. In particular, he advises on disputes relating to the succession of valuable family businesses held in complex structures, involving trusts, foundations, partnerships and other corporate entities, as well as cross-border estates. He has a depth of experience in Shari’a law succession disputes. He also works increasingly at the point of intersection between traditional private client litigation, white collar criminal, regulatory investigations and fraud.
Head of the employment, pensions and private wealth practice group, Jenny is a leading contentious trusts specialist. She is widely recognised for her experience in complex, high value, trust disputes in the private wealth, pensions, banking and financial services sectors (both onshore and offshore). She acts for trustees, beneficiaries, corporates, financial services firms, financial institutions, insurers and private individuals. Jenny has acted on a number of high profile claims and trust disputes both onshore and offshore. Her experience ranges from advising on technical areas of rectification and construction of trust documentation to applications for disclosure of information and seeking to hold trustees to account. Jenny has particular expertise in professional negligence claims against trustee advisors and representing trustees in fraud proceedings. Jenny is valued by clients for bringing a commercial and pragmatic approach to complex legal issues. She also has extensive experience of third-party litigation funding and insurance arrangements and recovering assets obtained in breach of trust. Jenny is ranked as a leading individual in Contentious Trust and Probate and Pensions Litigation in Legal 500 UK and as a Notable Practitioner in both in Chambers & Partners UK. She is included in the Private Client Global Elite directory and has recently been ranked in two separate Citywealth lists: the ‘Top 10 Power Women Trust Litigators’ and ‘Top 100 Trust Litigators and Polymaths’ where clients and peers described her as “discerning with great acumen, innovation and shrewdness. Quick witted, ingenious and clever”. Whilst heading the contentious trust team Jenny won the Trust and Estates Litigation Team of the Year at Legal Week’s Commercial Litigation and Arbitration Awards for her victory last year in the Privy Council in Sachak Khan & Ors v Gany Holdings & Ors (regarding a £100 million cross border trust dispute). She is regularly asked to speak at conferences on topical issues and has written a number of published articles.
Partner and Head of the Trusts and Probate Litigation department. James set up and heads Stewarts’ Trust and Probate Litigation Department, which The Legal 500 recently described as “combining all the savvy of a top-flight niche litigation firm with the suave sophistication private clients have come to expect. The team is involved in the largest trust disputes, and the depth of knowledge and experience provides clients with a first-class service." James specialises in handling complex, high-value and often high-profile litigation relating to private wealth matters, trust and succession in England and other leading trusts jurisdictions. He also has considerable expertise in handling other contentious issues, especially in cases involving fraud and asset tracing (particularly where trusts are involved) as well as advising on trust issues arising out of divorce. Jurisdictions in which James has experience include Bermuda, Cayman, Jersey, Guernsey, Gibraltar, Singapore, Hong Kong and the US. His recent matters include: Representing one of the parties in what is considered to be the largest (by value) claim in Bermudian legal history which went to trial for 19 weeks during 2021; Advising a number of discretionary beneficiaries of high value Bermudian trusts on the validity of the appointment of trustees and protectors, corporate governance and other matters connected with the proposed restructuring of beneficial interests; Advising a Cayman structure on substantial claims brought against it by the Libyan Investment Authority; Acting for an Italian beneficiary of Jersey trusts involved in a contested Public Trustee v Cooper application in the High Court in England and Wales; and Advising the adult children of the principal beneficiary of very valuable trusts established in Gibraltar concerning a dispute as to beneficial interests.
Simon is a Partner in the Private Client and Tax team. Simon deals with a wide range of UK and international tax and estate planning matters for individuals, family businesses and trusts, and handles high value, contentious trust and estate disputes for both onshore and offshore clients. He also advises on long term planning strategies for wealthy families and their businesses including wealth protection structures, governance, divorce issues, pre-nuptial agreements and generational succession planning.
Rupert is a partner and Head of the Dispute Resolution team. His practice is divided between trust, probate and commercial litigation and private client advisory work. He is a CEDR qualified mediator and acts as a trustee, executor and trust protector. Over the last 20 years Rupert has managed a large number of trust, probate and commercial disputes in England and offshore. His cases include removal of trustees, protectors and executors (and defending removal claims); variation of trusts; rectification of trusts; challenging trustees’ decisions and advising trustees on making decisions in contentious circumstances; challenging trustees’ fees; claims for breach of fiduciary duty, misrepresentation and fraud; advising trustees in relation to divorce; freezing orders; claims for breach of contract; passing off and breach of trademark.Rupert is individually ranked as a top-tier Band 1 practitioner in the Legal 500. He was ranked by Best Lawyers 2021 as a leading specialist in the area of Trusts and Personal Tax. He is also ranked in Band 1 for Private Wealth Disputes in the Chambers HNWI guide, and in Band 1 in the Chambers Global Guide for International Private Client: Contentious.
Andrea is the Senior Partner at Boodle Hatfield and a member of the contentious trust and estates team. She specialises in advising individuals, trustees and trust companies in complex, high value disputes both domestically and internationally. Andrea is acutely aware that family relationships are often at stake and she takes that responsibility seriously. She is highly regarded for her ability to engage with clients and other professionals in a sympathetic and constructive manner. If she needs to fight, she will do so but otherwise her focus is always on achieving a mediated settlement. She also works closely with wealthy families on succession planning including wills, trusts and long term tax planning and succession structures.
Rising stars
Rising stars with regular involvement in their team's key work, and recognition from peers or clients as being ones to watch.
Sarah is a senior associate in the trust, estate and inheritance disputes team. She advises on all types of domestic and international probate disputes including issues relating to the validity of wills and trusts and claims under the Inheritance (Provision for Family and Dependants) Act 1975. She also specialises in on and offshore trust litigation including claims for removal of protectors or trustees, access to trust information, Mistake, Variation and directions applications. She has experience on cases in jurisdictions including the Jersey, Guernsey, Switzerland, Bermuda, BVI, Cayman, the Isle of Man and Nevis. Together with other members of the team Sarah also advises on professional negligence actions in the context of trusts and estates.
Joseph is a litigator who specialises in complex trusts, estates, Court of Protection, and charity disputes. He has particular expertise in claims for breach of trust, applications for removal of trustees and protectors, Public Trustee v Cooper applications, inter-family disputes in relation to the ownership of valuable antiques and artworks and claims in relation to the administration of estates, including constructive trust and proprietary estoppel claims.
Luca advises individuals and institutions on a range of trust and succession disputes, both in the UK and abroad. His clients include entrepreneurs, charities, family businesses, and trust companies. Luca has been cited in the legal directories as "great and a very thorough, bright, hard-working litigator" and "a delight to work with. He's very academic, writes incredibly well, is liked by clients and is well organised." He is bilingual in Italian and English with a good knowledge of Spanish and Mandarin and enjoys using his language skills to the benefit of Stewarts’ international client base. Luca has experience of disputes about the validity and administration of trusts (including directions applications, requests for information, and applications for the removal of trustees and protectors) as well as blessing applications in complex trust restructurings. He also has experience of a variety of will and probate disputes (including lack of capacity, want of knowledge and approval, and undue influence claims, as well as construction issues, claims under the Inheritance (Provision for Family and Dependants) Act 1975, and proprietary estoppel claims). Luca has also acted in a number of commercial disputes with trust law aspects or allegations of fraud or breach of fiduciary duty.
Senior Associate in the firm’s Civil and Commercial Litigation Department.
AssociateJemma specialises in bringing and defending estate and trust related claims, acting for beneficiaries, trustees and personal representatives. Jemma was recognised as one of eprivateclient's Top 35 Under 35 private client practitioners in 2019 and a Rising Star in Contentious Trusts and Probate in the 2021 and 2022 Legal 500 rankings.Jemma advises on a broad range of trust related actions, including trustee-beneficiary disputes, applications for the removal of trustees and complex restructurings, for UK-based and offshore trusts. Jemma also assists with the resolution of estate related disputes, including claims under the Inheritance (Provision for Family and Dependants) Act 1975.Acting in a reported case in 2019 for the litigation friend appointed on behalf of a legitimated child, in which the court approved a proposed appointment for the benefit of the child in question. Anonymity was successfully obtained in the application due to sensitive information about the family’s wealth and the child’s legitimacy.
Charlotte is an senior associate in the Dispute Resolution department with particular focus on contentious trusts and probate disputes. Charlotte has recently been involved in acting in applications for the removal and substitution of Executors, representing high net worth beneficiaries in cross-border litigation concerning breach of trust and/or breach of fiduciary duty by trustees, and advising both executors/will trustees and beneficiaries/potential beneficiaries in disputes relating to challenges to the validity of wills, mental capacity, and claims under the Inheritance (Provision for Family and Dependants) Act 1975.
Tom is a Senior Associate in the Contentious Trusts & Estates team. Tom advises on a broad range of contentious matters for individuals, institutions and corporate clients. He has experience at all stages of the litigation process from pre-action advice to trial. Tom recently co-authored Shepherd v Fox Williams LLP and others, which appeared in the E-Commerce Law Reports, volume 14, issue 03 in August 2014
Emilia is a Managing Associate in the Private Wealth Disputes Team with extensive experience of a wide range of private wealth disputes including trust and estate disputes. Emilia has particular expertise advising and representing corporate and individual trustees, beneficiaries and those with an interest in an estate. Emilia's work ranges from high value, complex, and hostile litigation through to acting for trustees in applications to court. She has recently litigated in England, Jersey, Guernsey, Liechtenstein, Switzerland, Monaco, Bermuda, Cayman, Panama, Hong Kong, and New Zealand. Emilia is an affiliate member of STEP. She is a committee member of ConTrA, the Contentious Trusts Association and an Associate Member of ACTAPS (The Association of Contentious Trust and Probate Specialists).
Katherine is a Senior Associate in the Dispute Resolution Team who specialises in Trust and Estate Disputes. Katherine’s experience in the field of Trusts and Inheritance Disputes covers challenging the validity of wills, claims under the Inheritance (Provision for Family and Dependants) Act 1975, removal of executors and trustees, breach of trust claims, fraud cases involving trust structures and professional negligence claims relating to wills and trusts. Katherine also works in Court of Protection matters. Katherine’s background is in broader high profile and complex litigation. Notably Katherine acted for Genting Casinos in the landmark Supreme Court win against Phil Ivey in which the longstanding criminal legal test for dishonesty was overturned and for the Financial Conduct Authority in successfully defending proceedings challenging the interpretation of Russian sanctions in both the Administrative Court and the European Court of Justice.
Kate is a Senior Associate in the Dispute Resolution team. She regularly acts for individuals in bringing and defending claims against estates, including claims for lack of capacity, want of knowledge and approval and undue influence. She also has broad experience in fraud and forgery claims and proceedings in the Court of Protection, as well as professional negligence claims relating to wills and trusts, and claims under the Inheritance (Provision for Family and Dependants) Act 1975. Kate also works on a number of complex and high value commercial claims, including contractual disputes and civil fraud cases. Kate regularly writes on trust and estate issues and developments, her content having been picked up and republished by other publications including Today’s Wills & Probate, ePrivateClient and LexisNexis.
Alice acts for charities, private individuals and institutions in relation to all aspects of contentious trust and succession disputes, with a particular focus on Court of Protection matters. She advises on a range of issues that come within the Court of Protection’s jurisdiction, including statutory will applications, lifetime gifts and matters concerning the operation of attorneyships and deputyships. She is an active member of the elder law team. She also advises on all aspects of the validity of wills, including claims of undue influence to disputed capacity, and actions brought under the Inheritance (Provision for Family and Dependants) Act 1975, and issues of construction and rectification.
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.
Managing Associate specialising in private wealth disputes, covering trusts and estates across the UK and including those involving international and offshore elements. Also regularly deals with disputes in the Court of Protection, particularly those relating to property and financial affairs.
Next Generation Partners
Junior partners with significant recognition from clients and peers in the market and key roles on multiple matters.
Oliver advises trustees, protectors, high net-worth individuals and beneficiaries in a broad range of domestic and offshore trust 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 on construction issues, variation of trusts applications and applications for the removal of trustees.He also acts for personal representatives and beneficiaries in relation to probate disputes concerning domestic and international estates, including claims concerning the administration of estates, rectification the validity of wills and claims under the Inheritance (Provision for Family and Dependants) Act 1975. His clients include professional and lay executors, high net worth individuals and national charities. Oliver also advises on professional negligence claims arising out of trust, tax and probate matters.Oliver has been recognised as a “Next Generation Lawyer” in Legal 500, 2017, Contentious Trusts and Probate.Oliver is admitted to practise in England and Wales.Experience highlights: Acting for charities defending their legacy income in validity of wills disputes and claims under the Inheritance (Provision for Family and Dependants) Act 1975 Acting for claimants and defendants in professional negligence claims in relation to administration of estates and trusts, including professional charges and investment disputes Advising on issues relating to trust and estate assets invested in commercial enterprises Advising trustees on challenges to trusts on divorce Acting for trustees in uncontested rectification and construction applications
Elizabeth specialises in international contentious trust, probate and succession disputes and related regulatory investigations, high-value family disputes and proceedings in the Court of Protection. Elizabeth acts for a wide range of UK and international clients including multinational corporations, trust companies, private companies and a diverse spectrum of high-net-worth individuals. She has substantial experience as a litigator in the UK courts and in foreign courts, including Bermuda, the Cayman Islands and the British Virgin Islands and has particular expertise in resolving complex and multi-jurisdictional disputes involving the trustees, beneficiaries and protectors of English and offshore family trusts, including through alternative dispute resolution. Elizabeth has acted for numerous clients in sensitive and highly confidential disputes in the Court of Protection and has advised fiduciaries who become involved in cross-jurisdictional regulatory investigations (including criminal investigations).
Oliver specialises in tax planning for high net worth UK domiciled and resident individuals with particular expertise in planning with residential property. He advises on Inheritance Tax, Capital Gains Tax, preparing Wills and administering high value and complex estates. Oliver’s practice also covers contentious trusts and probate work including bringing and defending claims under the Inheritance (Provision for Family and Dependants) Act 1975 (”the ’75 Act”), mental capacity claims, and claims for and against trustees. Oliver is listed in the Citywealth Future Leaders List and was named Citywealth’s Lawyer of the Year, Senior/Managing Associate in 2020. In 2021 Oliver was named a ‘next generation Partner’ by the Legal 500 and he won Partner of the Year at the Citywealth Future Leaders Awards (Silver).
Simon is a partner and focuses on trust litigation, and wills and estates disputes, both onshore and offshore and commercial disputes including fraud, partnership and minority shareholder actions, tax litigation, IP and areas of marital law such as pre-nuptial and post-nuptial agreements.Simon has considerable experience in advising on corporate transactions, wealth planning and trust matters for a wide range of clients, which include individuals, trustees, beneficiaries, protectors, charities and corporate entities. Simon acts as a trustee, as well as sitting a non-executive director for a number of companies. Simon also administered a UK trust corporation for a number of years and has acted as in-house counsel providing primarily commercial contracts advice.Simon was ranked by Chambers 2020 as “Up and Coming” and by Legal 500 2019 as a “Next Generation Lawyer”. Simon has also been named as "One to Watch" in Legal Week’s Private Client Global Elite for three years running, and was ranked a one of ePrivateClient’s Top 35 under 35 in 2018, 2019 and 2020.
Jessica is a private client partner specialising in risk and disputes in relation to trusts and estates. As well as advising on all forms of trusts and estates disputes, Jessica draws on her wealth of litigation experience to inform asset protection and estate planning strategies designed to avoid disputes in the future. For this reason, Jessica is frequently asked to advise on the establishment of trusts, nuptial agreements and Wills where there are particular risks or asset protection concerns. Jessica has also built up particular expertise in advising trustees on the impact of divorce - both in terms of pre-emptive measures and advising trustees in the course of financial remedy proceedings.
Partner, is a strong and adept litigator specialising in contentious probate work and professional negligence, with a niche in property fraud.
Partner 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 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.
Partner specialising in all types of trust and estate/succession-related litigation, including will validity challenges, family provision claims, trustee disputes and claims for rectification and constructions of wills. Also professional negligence arising from these areas. Has a particular interest in estates with a cross-border element. Reported cases include Scarfe v Matthews [2012} EWHC 3071 (Ch) and Brennan v Prior [2013] EWHC 2867 (Ch). Also acts in matters involving contested Court of Protection proceedings including disputed lifetime gifts, statutory wills, attorney/deputy disputes and financial abuse.
Partner in the contentious private client team advising individuals on a broad range of contentious and non contentious private client matters. Her contentious practice includes trust and estate litigation, disputed wills, breach of trust claims, administration disputes, professional negligence and Inheritance (Provision for Family and Dependants) Act 1975 claims.Her non-contentious practice encompasses complex probate issues, powers of attorney, residential property ownership and general issues relating to personal affairs.
Henrietta specialises in disputes about trusts and wills and has been consistently praised in the directories for her technical and strategic excellence.
Jessica is a Partner in the firm's Private department, specialising in complex and high value disputes concerning families, their private wealth and the professionals connected to them. She acts on a broad range of matters relating to trusts, inheritance and mental capacity. She acts for private individuals, family businesses, trustees (both individuals and trust companies) and other fiduciaries, such as executors, deputies, attorneys and protectors. Jessica's work is often multi-jurisdictional and she has recently been involved in cases in Jersey, Guernsey, Bermuda, Switzerland and Monaco. Jessica is a member of the firm's Mental Capacity group.
Caroline leads the Private Client team which includes the On-shore, Off-shore and Disputes teams as well as a dedicated Arts & Luxury practice. Her contentious work includes dealing with disputes arising from either a Will or Trust as well as claims under the Inheritance (Provision for Family and Dependants) Act 1975 (“1975 Act claims”), Variation of Trust Applications, and the removal of personal representative applications. Caroline advises Executors, Trustees, beneficiaries and professionals on their duties, obligations and rights with regards to Wills and Trusts. In addition to this, Caroline also advises on a wide range of non-contentious private client matters, including wealth protection, estate planning, trust and estate administration, and the preparation of Lasting Powers of Attorney, as well as applications to the Court of Protection. Caroline acts as both trustee for her trust clients and executor for her deceased clients.
Tamasin advises high-net worth individuals, trustees and fiduciaries on complex international trust disputes including sham, breach of trust claims, mistake and claims involving protectors. She also advises trustees on administration actions such as applications for directions. She advises on multi-jurisdictional injunctions and claims for the recovery of assets arising out of such disputes. Her practice also includes domestic and international succession disputes including challenges based on capacity, fraud, undue influence or forgery, proprietary estoppel disputes and claims under the Inheritance (Provision for Family and Dependants) Act 1975. Tamasin routinely advises on professional negligence claims arising out of trust and succession disputes and tax advice. She also acts on many contentious matters for charities and in complex contentious Court of Protection matters.
Elizabeth advises on a wide range of commercial, trust and private wealth disputes, acting for individuals, schools and higher education institutions, and businesses. She has a particular interest in advising individuals and families in contentious trust and estate matters and Inheritance Act claims. Elizabeth was recently involved in the Supreme Court case HMRC v Forde & McHugh ([2014] UKSC 14). This case concerned the treatment of NICs in respect of an employer company's contributions to a Funded Unapproved Retirement Benefits Scheme (FURBS).
Senior Associate. Natasha 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.
An experienced litigator in a broad range of areas of law, Ane Vernon specialises in disputes arising in the commercial, education and regulatory sector, including safeguarding. Ane leads the Payne Hicks Beach education and public law team. She is proud of longstanding relationships with her clients whom she advises on a wide range of issues, often with a view to averting potential claims or defending existing claims. Ane regularly represents clients in high value and multi-party litigation in the High Court, including contractual/commercial and corporate cases. She has significant experience representing students and their parents facing exclusions or suspensions and is accustomed to handling the many sensitive issues that arise out of claims of misconduct, whether this is the victim or the person facing the allegations. Schools and institutional clients also regularly turn to Ane for advice in relation to their policies, byelaws and regulations, and in connection with membership examinations, disciplinary matters, complaints and appeals. Understanding that litigation is not always the route best suited to achieve her clients’ objectives, Ane has an exceptional track record of careful strategic planning which leads to workable solutions for her clients. She is both experienced in taking litigation to trial and in obtaining favourable commercial outcomes through alternative forms of dispute resolution such as mediation. A skilled and efficient case manager, clients value her sound and practical legal advice and her empathy when helping them deal with the difficult and sensitive issues that can arise during disputes. Ane has successfully represented clients in judicial review applications acting for both claimants and defendants. The decision in The London Oratory School’s claim against the Schools Adjudicator and the Secretary of State for Education attracted national media coverage and widespread public debate concerning faith schools in the UK. More recently she was involved in the judicial review challenge of the government’s decision to terminate the Leveson Inquiry into the culture, practices and ethics of the press.
Partner and head of private wealth disputes with particular expertise in disputes focusing on UK trust and probate claims. He advises primarily on disputes relating to HNW and UHNW individuals and their affairs, both on and offshore. Within this, James has substantial experience in advising trustees and beneficiaries on trust claims and also on contested probate matters. James regularly advises clients on claims under the Inheritance (Provision for Family and Dependants) Act 1975 and concerning disputes over estate and trust administration. James also has expertise in contested Court of Protection matters, with disputes involving attorneys and Deputies, in particular regarding applications to remove or appoint attorneys/Deputies and applications for statutory wills.
Leading individuals
The strongest partners in their field, leading on market-leading deals and endorsed by peers and clients alike.
He acts for high-net-worth individuals from the UK and around the world, trustees, protectors, wealth managers and multinational businesses. Jonathan has a wealth of experience litigating in both UK and international courts, including Bermuda, the Cayman Islands, BVI, Jersey, Guernsey, Singapore, the Isle of Man and Mauritius. He acts on the full range of matters affecting private clients and their structures, including: applications to deal with mistaken advice or flawed decisions by way of rectification or revocation; breach of trust claims; fraud claims; disputes between family members regarding their interest in family trusts and the operation of underlying corporate entities; trustee directions and court approval/blessing applications; advice about and disputes involving loss of capacity by family members or fiduciaries; challenges to wills and Inheritance Act claims; and art and cultural property disputes. He has particular expertise resolving difficult and long-running disputes between beneficiaries of both English and offshore family trusts owning large multinational businesses. As well as acting in court and arbitration proceedings, he has also advised clients in numerous successful large-scale settlement negotiations and mediations, particularly in the context of family disputes. Jonathan is a member of the Association of Contentious Trusts and Probate Specialists. His work helping clients resolve mistakes and undo their consequences means Jonathan frequently acts for claimants on professional negligence claims. He also regularly acts for clients in commercial litigation, with particular expertise in disputes involving breaches of fiduciary duty and conspiracy, including high-value employment disputes in the High Court and employment tribunals, and associated internal investigations.
Helena is the head of our pensions dispute resolution team. With over 20 years’ experience in complex high value pensions and contentious trust disputes, Helena is recognised as a leading industry figure. She is regularly called upon by clients and peers for opinion on some of the most complex contentious issues. Helena acts for corporates, trustees, financial services firms, financial institutions, insurers and private individuals. Helena has acted on a number of high profile reported cases and has successfully challenged orthodox thinking on important issues such as the law of limitation and construction of trust documents. Helena is particularly adept at defending trustee advisers in professional negligence claims and she continues to surpass client expectations, reflected in the fact that she was shortlisted for “Client Partner of the Year” at the Lawyer Awards 2015. Helena is considered an expert on construction and rectification of trust documents. She is also experienced in acting where trustees have fraudulently misappropriated trust assets and advising trustees who find themselves drawn into UK matrimonial proceedings. Helena is ranked as a leading individual in Pensions Litigation in Legal 500 and a Notable Practitioner in Chambers & Partners (UK). She sits on the Pensions Litigation Committee of the Association of Pensions Lawyers and is regularly asked to speak at industry leading conferences and to contribute to industry publications.
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. She is a full member of the Association of Contentious Trust and Probate Specialists (ACTAPS) and an associate member of the Society of Trust and Estate Practitioners (STEP). She holds a STEP Advanced Certificate in Administration of Estates, Advanced Certificate in Cross Border Estates and Advanced Certificate in Trust Disputes. She is also a member of the STEP Contentious Trusts and Estates Special Interest Group and ConTrA, a network for Contentious Trusts Associates.
Advises on non-contentious and contentious aspects of private client work; trust and estate litigation both domestic and international, succession planning, and acting for charities.
Charlotte has broad experience acting for both private and corporate clients on a wide range of commercial disputes including breach of contract and fiduciary duty as well as fraud. She also regularly advises on trusts and estates disputes both offshore and in England and Wales, acting for both trustees and beneficiaries. Charlotte has particular experience of will and probate disputes to include claims for proprietary estoppel, validity, capacity and construction issues as well as claims under the Inheritance (Provision for Family and Dependants) Act 1975 and in the Court of Protection. She has also assisted on a number of complex multi-jurisdictional trust disputes on issues involving breach of trust, beneficiary rights of information and jurisdictional issues. Charlotte has been recognised as a 'Rising Star' by Thomas Reuters in its 2014 London Super Lawyers list.
Nick is a partner, he focuses his practice on international contentious trusts and estates and acts primarily for wealthy families, individuals, institutional trustees, protectors and enforcers in disputes involving offshore trusts. Nick is also often involved in non-contentious international private wealth matters where he brings his extensive knowledge of offshore trusts and jurisdictions as well as potentially litigious outcomes to bear on the difficulties faced by international wealthy families. Visit our website for more: https://www.mwe.com/people/holland-nicholas/
Mark is a Partner in the Private Client and Tax team. He specialises in handling disputes in the field of wills, trusts, tax-planning and the administration of estates. These include disputes relating to multi-million pound estates, trust funds for HNW beneficiaries, trustees and trust companies, both onshore and offshore, and in the Court of Protection. Mark also deals with a range of non-contentious private client work including wills, trusts, the administration of estates, powers of attorney / deputyships and long term tax-planning and succession structures.
Emily Mailer is a trust and estates disputes specialist, resolving both domestic and international cases. Emily acts for individuals, families, executors, trustees, beneficiaries, trust companies, protectors and family offices. She has a wealth of experience dealing with disputes which often have an international element. This includes conducting cases concerning the validity of wills, breach of trust claims, construction proceedings and rectification applications, and applications to remove executors and trustees. Emily also handles Court of Protection applications (both contested and uncontested) for the appointment of deputies and the approval of statutory wills or lifetime gifts. Along with the Trusts and Estates Disputes practice, Emily provides robust representation of clients in court but equally helps clients reach a settlement away from the risk and publicity of litigation where possible. She is experienced in various forms of Alternative Dispute Resolution, such as mediation. Emily's experience means that she also advises settlors who are establishing trusts on risk management issues, such as the treatment of a trust's assets on the divorce or bankruptcy of a beneficiary. She is a regular speaker at conferences and seminars, and also contributes to national publications on issues surrounding disputes relating to inheritance. Emily is a member of the Association of Contentious Trust and Probate Specialists (ACTAPS).
Richard has a Chancery practice encompassing trusts, property and civil disputes before all levels of the judiciary including the Supreme Court. Richard focusses on contentious trusts and estates work, and has received the STEP Global Excellence Award. He is co-chair of the annual Trusts in Litigation Conference. He advises on all aspects of international and domestic trust and probate disputes and presently is busy removing trustees and protectors, seeking and resisting trust disclosure, blessing and voiding trustee decisions and challenging the validity of wills amongst other matters. He has a substantial international caseload presently involving Jersey, Guernsey, Bermuda, Kenya, the US and Cayman amongst others. Recently he has been engaged in: Acting in applications for the removal of trustees, protectors and executors; Cross-border litigation concerning allegations of breach of trust or fiduciary duty by trustees or protectors; Representing high net worth beneficiaries in high value estate litigation concerning challenges to the validity of wills, mental capacity, lifetime gifts and claims under the Inheritance Act; Acting for some of the UK’s oldest and largest estates and handling applications concerning long standing family trusts.
Richard is a disputes partner and heads up the firm's Private Wealth and Charities Group as well as the Trust disputes practice.
Andrew advises on a wide range of contentious trust and probate matters with particular expertise in disputes concerning the Inheritance (Provision for Family and Dependants) Act 1975, where he has acted for spouses, partners, both adult and minor children as well as dependants. He has also acted for and advised executors in relation to such claims. Andrew 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 as well as lack of due execution and revocation. He also has considerable experience in disputes relating to the administration of both trusts and estates where he has advised trustees, executors and beneficiaries on matters such as allegations of breach of trust, actions for an account and disclosure of trust documents. He has also acted in claims relating to the removal of personal representatives or trustees. Andrew also undertakes Court of Protection work and has a particular interest in the professional negligence side of contentious trust and probate matters.
Joanna is a member of Farrer & Co's specialist Contentious trusts and estates Group. Joanna advises on the full range of onshore and offshore contentious trusts and estates matters. Her offshore work includes international succession disputes and asset protection work including third party attacks against trusts on grounds such as sham. Her recent case load has involved jurisdictions such as Switzerland, Jersey, Cyprus, BVI, the Cayman Islands, Italy, Luxembourg and the US. Her onshore work includes applications to the court of protection, validity challenges to wills and claims under the Inheritance (Provision for Family and Dependants) Act 1975. Joanna has contributed to specialist publications in the field such as Trusts and Trustees and STEP Journal and is also a contributor to the second and third edition of Tolley’s Inheritance Tax Planning.
Partner. Stephen heads the trust and succession disputes team at Withersworldwide. He advises a range of clients (individuals, beneficiaries, trustees, fiduciaries, executors and charities) in relation to trust, succession, inheritance and Court of Protection disputes and investigations by the Office of the Public Guardian. The majority of Stephen's cases involve cross-border issues as highlighted by Re MN, the first reported Court of Protection cross-border welfare dispute. Stephen advised in the long running litigation concerning the estate of the Russian oligarch Boris Berezovsky. He regularly advises on bringing and defending claims under the Inheritance (Provision for Families & Dependants) Act 1975 and challenging/defending wills alongside other succession disputes. Stephen also advises international, national and local charities/not for profit organisations on defending their legacy income.
Peter is a Partner in Mishcon Private. He has a wealth of experience in a wide spectrum of private client disputes, including trust disputes and shareholder disputes. Peter acts predominantly for trustees, beneficiaries, protectors, third parties with claims against trustees, shareholders, and companies defending claims brought by shareholders. His work is frequently international and, amongst other jurisdictions, he has recently been involved in high value cases in Bermuda, the BVI, Jersey, Guernsey, Liechtenstein, Malta, New Zealand and Switzerland. Prior to joining Mishcon de Reya, Peter practised at Farrer & Co in London and Mourant Ozannes in Jersey. In addition to being admitted in England, Peter is also qualified in California and Ireland. He is a member of the Association of Contentious Trusts and Probate Specialists (ACTAPS) and the Society of Trust and Estate Practitioners (STEP). Peter co-edited the second edition of the course notes for the STEP Advanced Certificate in Trust Disputes. He is a regular speaker at conferences in relation to trusts law matters.
Neil is an experienced private client lawyer, with a particular specialism in trust and estate disputes. Neil advises individuals, families, charities and trustees on the validity of wills and trusts; the conduct of executors and trustees; the rights of beneficiaries; and all related issues such as mental capacity, undue influence, construction and interpretation of wills and trusts; and claims for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975. He has extensive experience of negotiation, mediation and litigation, having conducted cases in the Family and Chancery Divisions of the High Court, the Court of Appeal and the Court of Protection. Neil also has a strong non-contentious practice advising clients on wills and inheritance tax. Neil regularly acts as executor, trustee and deputy (particularly as an independent professional in disputed cases).