Publications by Area of Law


Can a mirror will be changed?

Barrister: John Dickinson
Area of Law:  Wills, Trusts & Tax
Date: October 2017
Source: Trusts and Estates Law & Tax Journal
Summary: John Dickinson assesses whether a proprietary estoppel
solution can replace the need for a binding contract.

Download article: Can a mirror will be changed?

When to distribute

Barrister: Natasha Dzameh
Area of Law: Wills, Trust and Tax
Source: Trusts and Estates Law & Tax Journal
Date: February 2017
Summary: Natasha Dzameh has recently written an article concerning the 2017 case of Gregory & Wilkins v Ziuzina, Pring & Pring heard in the High Court of Justice, Chancery Division at the Rolls Building. Natasha was instructed as junior to Leslie Blohm QC. They represented the Second and Third Defendants (family members of the deceased and beneficiaries under the intestacy rules) who provided permission for this article to be written due to the ongoing status of the litigation.

This case concerns an allegation that a British millionaire was unlawfully killed in the Ukraine such that the forfeiture rule should be invoked to deprive a beneficiary who would otherwise profit under the intestacy rules. This hearing addressed the interaction between civil proceedings and a pending inquest insofar as case management is concerned.

Natasha’s article outlines the decision reached and briefly considers the impact of this case for practitioners who find themselves in the unusual situation of acting in civil proceedings where an inquest is pending. This article was first published in the Trusts and Estates Law & Tax Journal (March 2018) and is available at lawjournals.co.uk.

Read the full article: When to distribute

Mutual Wills: the case of Legg and Burton v Burton and others A proprietary estoppel solution to replace the need for a binding contract?

Barrister: John Dickinson
Area of Law:  Wills, Trusts & Tax
Date: 14 August 2017
Summary: The case contains a useful summary of the mutual wills doctrine. HHJ Matthews considered submissions made on the fallibility of memory, referring to the decision of Leggatt J in Blue v Ashley [2017] EWHC 1928 (Comm) and he analysed the evidence in terms of its inherent probability and the plausibility of the Claimants’ case. HHJ Matthews finds a proprietary estoppel route around the problem in the much criticised case of Healey v Brown [2002] EWHC 1405 (Ch), in which section 2 of the Law of Property (Miscellaneous Provisions) Act 1989 was held to prevent a binding contract from arising for a specific gift of an interest in land and this in turn prevented a mutual wills constructive trust from being established. There is an interesting analysis of when a mutual wills constructive trust crystallises.  HHJ Matthews considered that in a mutual wills case the constructive trust would generally arise on the death of the second testator, unless the agreement made between them had some term providing to the contrary. He considered whether the mutual wills constructive trust satisfied the so-called ‘three certainties’ rule, being (1) the intention to make a gift, (2) over what property and (3) who to. HHJ Matthews explains that the ‘three certainties’ rule is not a rule about trust law but rather a rule about property law, and that trusts being part of property law must follow that rule.  The judgment is available here.

Download article: Mutual Wills: the case of Legg and Burton v Burton and others – A proprietary estoppel solution to replace the need for a binding contract?  

Value judgment – Ilott v Mitson [2017]

Barrister: Natasha Dzameh
Area of Law: Wills, Trust and Tax                                                                                      Source: Trusts and Estates Law & Tax Journal May 2017
Date: May 2017

Summary: Natasha Dzameh reviews the case of Ilott v Mitson [2017] UKSC 17 and its impact upon claims by adult children under the Inheritance (Provision for Family and Dependants) Act 1975 (“the 1975 Act”).

Download articleValue judgment – Ilott v Mitson [2017]

Clarification on Beddoe orders and protective costs – Pettigrew and others v Edwards [2017] EWHC 8 (Ch)

Barrister: Natasha Dzameh
Area of Law: Wills, Trusts and Tax
Source: http://www.bailii.org/ew/cases/EWHC/Ch/2017/8.html
Date: 02 February 2017

Summary: Natasha Dzameh, a member of our Commercial and Chancery team, provides a quick note on the recent case of Pettigrew and others v Edwards [2017] EWHC 8 (Ch) in which judgment was handed down by Master Matthews on 12 January 2017. Natasha was present at the first hearing in this matter. The trustees were represented by Guy Adams who is also a member of Chambers’ Commercial and Chancery team.

Download article: Clarification on Beddoe orders and protective costs – Pettigrew and others v Edwards [2017] EWHC 8 (Ch)

Trusts and co-ownership

Barrister: Jody Atkinson
Area of Law:  Wills, Trusts and Tax
Summary: Jody has recently written an article in the December edition of the Trusts and Estates Law and Tax Journal on the case of Ely v Robson [2016]. In 2016, Jody appeared for the successful party before the Court of Appeal in the case of Ely v Robson [2016] EWCA Civ 774. Jody upheld an oral agreement, reached on a park bench, as to how an unmarried couple owned their family home. This is an important decision in the field of proprietary estoppel and constructive trusts.

Download article: Trusts and co-ownership: no backing out now

Wills: At Your Disposal?

Barrister: John Dickinson and Natasha Dzameh
Area of Law:  Wills, Trusts and Tax
Source:  Trusts and Estates Law and Tax Journal
Date: 27th August 2016
Summary: John and Natasha have recently co-authored an article in the September edition of the Trusts and Estates Law and Tax Journal analysing the case of Amiee Shannon Steed (a Child by her litigation friend, Marilyn Joy Winn) v Christopher John Steed (2016). This was a two-day will construction trial heard in the Chancery Division of the High Court of Justice at Bristol District Registry by Mr Justice Newey. John and Natasha’s article details the key factors considered by the court in determining whether a disposition to an executor takes effect as a gift to the executor.

Download article: Wills: At Your Disposal?

Wills: At Your Disposal?

Barrister: John Dickinson and Natasha Dzameh
Area of Law:  Wills, Trusts and Tax
Source:  Trusts and Estates Law and Tax Journal
Date: 27th August 2016
Summary: John and Natasha have recently co-authored an article in the September edition of the Trusts and Estates Law and Tax Journal analysing the case of Amiee Shannon Steed (a Child by her litigation friend, Marilyn Joy Winn) v Christopher John Steed (2016). This was a two-day will construction trial heard in the Chancery Division of the High Court of Justice at Bristol District Registry by Mr Justice Newey. John and Natasha’s article details the key factors considered by the court in determining whether a disposition to an executor takes effect as a gift to the executor.

Download article: Wills: At Your Disposal?

Executors: A costly sibling clash

Barrister: Nicholas Pointon
Area of Law:  Wills, Trusts and Tax
Source:  Trusts and Estates Law and Tax Journal
Date: 11th July 2016
Summary: In 2015, Nicholas successfully represented the claimant in the case of Wilby v Rigby [2015] EWHC 2394 (Ch); [2015] W.T.L.R. 1845 (Ch D) in a claim to remove her brother as executor of their late mother’s estate and to substitute an independent administrator in a pre-grant application under Section 50 of the Administration of Justice Act 1985. Nicholas’ article reports on the useful points on applications for the removal of executors.

Download article: Executors – A costly sibling clash

Power Play – LPAs and the Court of Protection

Barrister: Adam Boyle
Area of Law: Wills, Trusts and Tax / Court of Protection
Date: 01 May 2016
Summary:  Specialist commercial and chancery barrister Adam Boyle, looks in detail at the judgment in Miles & Beattie v The Public Guardian, in which Adam acted for the appellant, which left the law in a state of confusion in respect of what can be specified about a joint power of attorney in a lasting power of attorney. This article first appeared in the May 2016 edition of PS, the magazine of the Private Client Section of the Law Society

Download publication: Power Play