Paris Smith LLP

Dispute Resolution

LLP Partner

I have over 20 years post-qualification experience across a broad spectrum of contentious matters, and am a member of the Association of Contentious Trusts and Probate Specialists (“ACTAPS”).  My principal area of practice, which accounts for around 80% of my caseload, is contentious trusts and probate work, consisting of:

challenges to the validity of wills and codicils, including undue influence, issues relating to execution, testamentary capacity, lack of knowledge and approval, fraud; proprietary estoppel claims; Inheritance Act claims; disputes between personal representatives; maladministration (devastavit) by executors and administrators; breach of duty by trustees and attorneys; removal of executors and trustees; caveats, warnings, appearances and citations; donatio mortis causa; and bona vacantia: challenging the entitlement of the Crown to intestate estates on behalf of intestacy beneficiaries located by genealogists.

I am regularly involved in applications to registrars and district judges as well as litigation in the High Court.

As well as my contentious trusts and probate work I regularly advise in matters such as:

adverse possession claims (“squatters’ rights”), and disputes relating to boundaries, easements and restrictive covenants: prescriptive easements; implied easements; challenging the enforceability of restrictive covenants. insurance disputes: challenging underwriters’ decisions to avoid policies for material non-disclosure; policy interpretation; challenging limitations imposed on the extent of policy cover; complaints to Lloyd’s; complaints to Insurance Ombudsman; and construction disputes: I have acted for clients in the Technology & Construction Court, the High Court and the Court of Appeal as well as adjudications, arbitrations and mediations.  Notable cases include the widely discussed Court of Appeal decisions in Rupert Morgan Building Services LLP Limited v Jervis and Woodlands Oak Limited v Conwell.

I am an Accredited Mediator and also admitted as a solicitor in the Republic of Ireland.