England - London • Private client
1

Contentious trusts and probate

Farrer & Co

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The ‘extremely experienced’ and ’simply outstanding’ team at Farrer & Co is led by Toby Graham, Jeremy Gordon and Charlotte Fraser. It has many other ‘brilliant’ partners among them Joanna Poole, Elizabeth Sainsbury and Henrietta Mason. This first-class team, which has ’real strength in depth’, is involved in many of the largest trust/estates disputes each year, often involving assets of several billion pounds. It regularly advises trustees and beneficiaries on the full range of onshore and offshore contentious matters. The practice continues to act in the big-ticket trust litigation, international succession disputes, and the restructuring of high-value trust structures. Increasingly, it is instructed to act as administrator of UHNW estates, which are the subject of litigation. It has also been busy acting in cases involving very high value capacity issues and court of protection work. Another highlight was Jennifer Ridgway joining the team from Michelmores LLP. Clients remark that ‘all of the associates, without exception, are excellent’. Tom McPhail and Joseph de Lacey receive particular praise for their work in this area.

Legal 500 Editorial commentary

Testimonials

Collated independently by Legal 500 research team.

  • 'Farrers have a longstanding and well-deserved reputation in this field.  They have experienced partners, including Toby Graham and Jo Poole, who are not only great lawyers but great tacticians. Their assistants are very able too.'
  • 'Toby Graham is a very sound strategist and extremely experienced. Very nice to work with. Melody Munro, who is extremely clever, a very good lawyer, and extremely pleasant to work with. Joseph De Lacey is a very forceful and hardworking litigator.'
  • 'Toby Graham has a wealth of knowledge and experience and offers a highly effective client-focussed approach. Tom McPhail - simply the best solicitor below partner grade I have ever worked with. He's an absolute star.'
  • 'It is one of the few contentious private client teams that feels and performs like a team.  Many of their competitors are made up of individuals, but the Farrers team works collectively, and the management really do support their juniors.'
  • 'Elizabeth Sainsbury is truly amazing for her qualification and there is no wonder they have made her up to partner, while on maternity leave.  She is serene in her style of work and leaves the client feeling that she is always on their side, even if the point raised is perhaps not relevant.'
  • 'Charlotte Fraser has a staggering grip on the law and applies it with laser like precision to the facts, so the client feels that they have the best on their side.'
  • 'The team has a very strong focus on client care and is considerate of the individual client's position and alive to their sensitivities. They handle matters with a delicate force, are very clear and manage expectations exceptionally well.'
  • 'They are extremely personable and able to communicate and empathise with clients. Joanne Poole has been exceptional in all her work and is assisted by an extremely able team.'

Key clients

  • Sir Owen Glenn
  • The Administrators of the Estate of Vladimir Scherbakov
  • Trustees of family trusts of well-known English family
  • Executor for the Estate of the Duke of Edinburgh
  • Guardian of minor beneficiaries of UHNW family trusts
  • UHNW Middle Eastern individual

Work highlights

  • Acting for Sir Owen Glenn and Kea Investments in a highly complex and multi-jurisdictional piece of trust litigation, which has been running for a number of years and has repeatedly broken new legal ground.
  • Acting in the administration of the estate of the late Vladimir Scherbakov in the context of ongoing cross border litigation over the succession to his estate and lifetime disputes.

Lawyers

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 Gordon
Hall of fameFarrer & Co
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 Graham
Hall of fameFarrer & Co
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.
Leading associates
Rising stars with regular involvement in their team's key work, and recognition from peers or clients as being ones to watch.
Tom McPhail
Farrer & Co
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
Joseph de Lacey
Farrer & Co
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.
Leading partners
The strongest partners in their field, leading on market-leading deals and endorsed by peers and clients alike.
Joanna Poole
Farrer & Co
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.
Charlotte Fraser
Farrer & Co
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.
Next Generation Partners
Junior partners with significant recognition from clients and peers in the market and key roles on multiple matters.
Elizabeth Sainsbury
Farrer & Co
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).  
Henrietta Mason
Farrer & Co
Henrietta specialises in disputes about trusts and wills and has been consistently praised in the directories for her technical and strategic excellence.

Practice head

The lawyer(s) leading their teams.

Toby Graham, Jeremy Gordon, Charlotte Fraser

Other key lawyers

Joanna Poole, Elizabeth Sainsbury, Henrietta Mason, Tom McPhail, Joseph de Lacey, Melody Munro, Isabelle Dean, Rowan Cope, Jennifer Ridgway

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