Biography
I am a Partner in the Will, Trust and Estate Disputes team in London. I specialise in trust and estate litigation for high and ultra-high net worth individuals and families, often involving complex capacity issues.
I have particular expertise in claims for breach of trust, inter-family disputes in relation to the administration of estates and constructive trusts, Will disputes and setting aside transactions by reason of mental incapacity and undue influence. My cases regularly involve multiple jurisdictions and recovering money held offshore.
I have enormous strength across the whole spectrum of Court of Protection work, with particular emphasis on contentious financial applications concerning the estates and businesses of those who may have lost capacity to manage them, financial abuse, gift and statutory Will disputes and the removal of attorneys and deputies.
I am particularly skilful and experienced at dealing with the dynamics of family disputes and am adept at untangling the most difficult and challenging of cases.
Notable Cases
Galazi & Anor v Christoforou & Ors [2019] EWHC 670 (Ch) – cost consequences arising from an order giving permission to make substantial amendments to the particulars of claim
AB v HT & Others [2018] EWCOP 2 – High Court case on the capacity to marry
Re M [2018] EWCOP 4 – Successful High Court appeal where a circuit judge had unfairly determined issues
Ageas v Insurance v Gunaratnam [2016] EWHC 845 (QB) – successfully bringing application for relief from sanction following matter being struck out when client was acting as litigant in person and defending appeal by Ageas
PB v RB and Another [2013] EWCOP B41 – appellate point about meaning of "prohibit" in context of Court of Protection
LBL v RYJ, VJ [2010] EWHC 2665
Testimonials
"An excellent litigator-very clever and calm." - Legal 500, 2023
"Nicola Bushby is a very able solicitor, whose experience of litigation in other areas, including the rights of the mentally vulnerable, means that she is well on top of complex issues such as testamentary capacity and proving the testator’s true intentions... Nicola Bushby stands out as a fearless litigator willing to go the extra mile for her clients and not afraid to argue novel legal points... personable, excellent with clients, goes above and beyond." - Legal 500, 2022
Top Recommended Contentious Trust Lawyer, Spears 500 2021
“Very careful and experienced” Legal 500, 2018
What inspired you to get into law?
I like marshalling arguments and hard work. It was the logical choice.
What are the most rewarding aspects of your role?
Building successful relationships with my clients, winning cases, and shaping junior lawyers.
What do you do when away from the office?
I love running, high-intensity training and going to Barry’s Bootcamp.
