England - London • Private client
1

Contentious trusts and probate

Withers LLP

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Withers LLP ’has a great team across all levels. The partners that we work with are excellent and the associates/senior associates are top notch.' Led by Suzanne Todd, the ‘knowledgeable and hardworking’ team ’gets brilliant results for clients’ in the context of international trust disputes, UK and international succession disputes, as well as elder law/court of protection issues. It also garners considerable praise for its expertise in charity legacy disputes, and for its international expertise. Paul Hewitt has an ‘exceptional reputation’ for his particular interest in representing families with connections to the sub-continent. Senior Counsel Dawn Goodman has a wealth of experience in trust and succession disputes. Steven Kempster has a substantial offshore trusts practice, and also handles cases relating to charities. Stephen Richards advises clients both in the UK and internationally on disputes concerning inheritance and trusts, and often directs litigation in multiple jurisdictions. Natasha Stourton, Sarah Aughwane and Alice Tomlin are among the other key names to note.

Legal 500 Editorial commentary

Testimonials

Collated independently by Legal 500 research team.

  • 'Paul Hewitt is one of the big players in this practice area: he scrutinises a dispute from every angle and manoeuvres expertly to outflank his opponent. Stephen Richards is both thorough and strategic, allowing him to see through a problem early and work towards a practical, attainable solution.'

  • 'Natasha Stourton is calm, confident, and knowledgeable. She is able to rise above the fray to effectively promote her client's case. Richard Walker is a deep thinker who has a real feel for the law in this area. He is creative in seeking solutions and is a canny tactician.'
  • 'When Alice is working on your matter you know it is being well looked after as she is always on top of the detail meaning you are always one step ahead of the opponent. She is super bright and great fun to work with. Surely a partner in the making.'
  • 'Paul Hewitt is fiendishly hard-working, knows his area of law inside out and is a supremely effective litigator. Stephen Richards is charming, knowledgeable, first-rate litigator. Natasha Stourton is a young partner who's certainly going places - a dynamic and effective litigator. Sarah Aughwane is a superb associate - charming, efficient and always across the detail.'

  • ‘Paul Hewitt has an exceptional reputation, which he deserves. He is particularly good on strategy - he is very good at thinking a case through and working out how to get to the end result, rather than just reacting to the latest decision from the other side. He is well-liked by clients, very clever and knows his stuff.'

  • ‘Its people and international outlook and reach are excellent. The depth of the advice is what sets Withers apart. They also have a very collaborative approach. Dawn Goodman's attention to detail is good and she has an ability to bring into her Withers' team the relevant complementary skills across the Withers international network. She is also very determined and conscientious.'

  • ‘Of particular note are Sarah Aughwane, Richard Walker, Alice Tomlin, Rosalind Russell - they are all super-bright and personable and deserve recognition as partners of the future/ones to watch. Great team and a pleasure to work with.'

  • ‘Paul Hewitt is the ultimate warrior any charity client would want on their side. Paul is a key strategist, oozes expertise and has confidence that any opponent would crumble in battle.'

Key clients

  • Gopichand Parmanand Hinduja
  • Cooper, Myrna Sandra
  • McAlpine
  • Guha, Thomas Laszlo; Guha, Niko
  • Two BVI Private Trust Companies
  • Michael and Lindsay Bond
  • Samuel, Executors of Paul Richard Blelock deceased
  • Royal Commonwealth Society for the Blind (Sightsavers International)
  • Leon J Minvielle III and Anne Minvielle
  • Macmillan Cancer Support and Marie Curie

Work highlights

  • Advised three of the Hinduja brothers, one of Britain's wealthiest families, on Court of Protection proceedings involving over 20 hearings (at First Instance and the Court of Appeal) arising from the incapacity of the family's patriarch.
  • Advising two of the children of a multimillionaire tyre magnate and racehorse breeder on the validity of his purported last will.
  • Advised the trustees of two high value BVI trusts holding assets in Hong King, Singapore, Japan and Australia on the successful court blessing of their decision to partition and distribute the trust assets against a highly acrimonious family background which included a dispute over parental rights arising out of international surrogacy arrangements.

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.
Dawn Goodman
Hall of fameWithers LLP
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.
Paul Hewitt
Hall of fameWithers LLP
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.
Steven Kempster
Hall of fameWithers LLP
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.
Leading associates
Rising stars with regular involvement in their team's key work, and recognition from peers or clients as being ones to watch.
Sarah Aughwane
Withers LLP
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.
Alice Tomlin
Withers LLP
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.
Leading partners
The strongest partners in their field, leading on market-leading deals and endorsed by peers and clients alike.
Stephen Richards
Hall of fameWithers LLP
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.
Next Generation Partners
Junior partners with significant recognition from clients and peers in the market and key roles on multiple matters.
Natasha Stourton
Withers LLP
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.

Practice head

The lawyer(s) leading their teams.

Suzanne Todd

Other key lawyers

Dawn Goodman, Paul Hewitt, Steven Kempster, Stephen Richards, Natasha Stourton, Sarah Aughwane, Richard Walker, Alexandra Dix, Alice Tomlin, Rosalind Russell, Olivia Turner

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