England - London • Private client
The court of protection team at Withers LLP is 'vastly experienced and has acted in some of the highest profile cases. It traverses this sometimes-idiosyncratic jurisdiction expertly and secures excellent results for its often HNW clients.' As well as acting for families and appointed representatives of older and vulnerable people, it regularly acts for trustees, executors, charities and other professional groups. Julia Abrey has a particular interest in cross-border mental capacity issues. Stephen Richards also garners considerable praise for his expertise in elder law matters. Paul Hewitt specialises in all types of trust and probate disputes, and routinely advises on contentious court of protection matters. Natasha Stourton covers issues such as statutory wills, lifetime gifts and contested registrations. Senior associate Alice Tomlin is another key figure who covers a range of contentious trust and succession disputes, and has a particular focus on court of protection matters. The team also excels at advising on disabled trusts, and advance decisions to refuse medical treatment.
Legal 500 Editorial commentary
Collated independently by Legal 500 research team.
‘Stephen Roberts leads an internationally recognised team of private client and contentious probate lawyers. All the team are approachable and straight talking. Extremely valuable when difficult decisions need to be made'.
‘Julia Abrey, head of the elder client team has the right balance of empathy and detailed knowledge of complex law to deliver not just a first class service- but one where the client feels truly supported'.
‘Withers Court of Protection Team are second to none. The team have great experience whilst also the sensitivity needed for these matters. Stephen Richards is a leader in the field. Handles multi-party complex matters with ease'.
'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 able to rise above the fray to effectively promote her client's case;'
‘Simply the market leaders. The gold standard. Paul Hewitt is an extraordinary lawyer. The name you want on your side. Stephen Richards is firmly intelligent, responsive and kind'.
‘Hugely well-coordinated team - they work seamlessly together. They are all very good lawyers, and nice to work with too. Paul Hewitt - excellent and experienced litigator. Stephen Richards - tireless litigator with excellent judgment'.
‘The team has a strong international reach, so you can approach them in relation to most jurisdictions and they will have knowledge, experience or contacts. Julia Abrey has a strong knowledge of many jurisdictions and is pleasant and efficient to work with’.
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.
Head of elder law. Partner dealing with probate, succession and post-death tax planning; trust management; elderly client and Court of Protection work. Current holder of the STEP Elderly. Client Law Professional of the Year award.
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.
Rising stars
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 individuals
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.
Next Generation Partners
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.
The lawyer(s) leading their teams.
Julia Abrey, Stephen Richards