Biography
I am a Senior Associate in the Bristol office of Irwin Mitchell, specialising in all types of disputes arising in wills, trusts, and estates.
My particular interest is in trust disputes, including ‘asset protection trusts’; disputes involving business/partnership assets; investigating concerns and disputes arising in financial abuse. This includes associated work arising from claims that there has been a deprivation of assets.
However, I have expertise in dealing with a whole range of will, trust, and estate disputes, including disputes arising in the administration of an estate and/or trust, claims for reasonable financial provision, and disputes about the validity, construction, and rectification of wills and trusts. My expertise also extends to disputes arising in the Court of Protection.
Now with over a decade of expertise in this area of law, I work with private clients, financial institutions, charities, professional trustees (and deputies), probate firms, will writers, and executors to bring (and defend) a whole range of disputes arising in wills, trusts, and estates.
My work has often involved me in high-profile and complex claims. This includes claims with a cross-border element as I have had the benefit of working offshore in the British Virgin Islands for several years.
Key highlights
Career highlights include:
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Estate of Jimmy Savile: acting for the executor in National Westminster Bank Plc v Lucas and Others [2014] EWCA Civ 1632 in the High Court and Court of Appeal.
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Lewis v Tamplin [2018] EWHC 777 (Ch): acting for the majority beneficiaries to obtain disclosure of trust documents under the Court’s inheritance jurisdiction to supervise the trustees. The judgment was widely cited as it provides clarification on the right to seek disclosure from trustees, and as the trustees were ordered to personally pay the costs involved in defending the application, rather than being allowed to recover these from trust funds.
- Bisrat v Kebede [2015] EWHC 840 (Ch) and [2017] EWHC 2123 (Ch): successfully defending th trustees of the charity on the interpretation of trust documents and obtaining a declaration on the definition of key terms. Leading on two mediations and negotiating on the terms to be included in the documentation to establish a Charitable Incorporated Organisation, including the associated directions for identifying members and new elections of trustees.
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Paraskevaides v Citco Trust Corporation BVIHCMAP 2018/0046: successfully challenging the unlawful interference, by an overseas administrator and registered agents, in the management and control of the deceased’s shares in the British Virgin Islands. This included obtaining urgent injunctive relief to safeguard the companies in the BVI, including a successful challenge to the Court of Appeal after the injunction was discharged.
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Dunbabin v Dunbabin [2022] EWHC 241 (Ch): acting for the beneficiaries to successfully argue that a severance of the beneficial joint tenancy of a property belonging to the parties’ parents had been severed prior to their mother’s death on the basis that notice had been provided, the severance had happened by an agreement (inferred from the terms of the parents’ mirror wills) and the mutual course of dealing.
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Lattimer v Karamanoli [2023] EWHC 1524: acting to make the application for summary question (which led to the judgment being handed down to narrow the issues to go to trial) relating to the construction and rectification of the deceased’s will, which was made without the involvement of a professional and the day before she was married. Questions arising over whether a marriage can be challenged after death were determined on summary judgment.
What inspired you to get into law?
As a child, working in the legal profession wasn’t something I had considered.
This was simply because I had no exposure working in this area: there was no-one in my immediate family or friends; no-one in my family had been to university; and (in my mind) the legal profession was something that was very out of reach.
Even as a teenager, it wasn’t until I (randomly) picked to study law at college as an A Level that I fell in ‘love’ with it. Since then, I have never looked back…
From that point, I have worked hard to obtain a training contract and secure a job, and have been lucky to work in an area where I feel that the work I do makes a difference to my clients, but often that I am there to help them at a very difficult point in their lives.
I haven’t come from a ‘typical’ background where those in my family or area could afford or see themselves going into law. However, I feel that this often helps me to be able to talk about matters without the legalese, and to better relate to what my clients have been (and are) going through.
What is the most rewarding aspect of your role?
Life is anything other than boring as a wills, trusts, and estate disputes.
Our area of work is constantly evolving, with new issues and case law coming out on (what feels like) a very regular basis. It keeps me (and our profession) on our toes.
Just when you think you have seen (or heard it all) a new bombshell will come along.
Whilst it keeps me (and those involved in this area of law) very busy, I also find the law, the people involved in it, and the clients that I work for to be incredibly rewarding.
It is hard work, but obtaining an outcome for my clients, often at one of the most difficult times in their lives, and guiding them through that process, is something I really value.
What do you like about working at Irwin Mitchell?
Since joining in February 2024, I feel like I have become part of a great team, and amongst friends: old and new. I trained at Irwin Mitchell (many years ago) and it has really felt like the start of a new chapter for me both personally and professionally.
I joined Irwin Mitchell as the first private client solicitor in Bristol and the South West. The firm has big plans to grow in this area. It is a really exciting time to be a part of the team and I am enjoying that I am helping to add to these plans and to continue to do so in the future. There is so much scope for us to reach out to clients in Bristol and the South West, and I am enjoying the opportunity of developing connections to continue to grow our reputation for the work that is core to the firm.
Working for Irwin Mitchell provides me with the opportunity to truly make a difference to the lives of my clients, and to stand up for those we work for to obtain a fair and just result. I am trusted to shape my day and have a platform to really grow and develop, both personally and professionally.
What do you do away from the office?
Once away from my desk, I have a very active life and can usually be found outside (in all sorts of weather). During the winter season, I play field hockey for a local club. All year round, I am usually found taking part in some triathlon training.
Both keep me very busy. Born and bred in the South West, when I do have some ‘down time’, I am usually out in Bristol (and the South West) with my friends and family, or trying to work through some renovations on my house, kept in good company by my pup, Kola, who is a ‘Vizlador’ (which is a Vizsla/Labrador cross).
Expertise in:
This expertise includes providing support and advice on disputes, such as:
- Disputes arising in the administration of trusts and estates, including seeking and obtaining appropriate directions from the Court.
- Dealing with difficult, problematic, or uncooperative executors and/or trustees. This includes seeking and/or obtaining their removal, and associated directions.
- Burial and funeral disputes.
- Charity proceedings and trustee disputes, including the involvement of the Charity Commission.
- Claims for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975.
- Claims about the validity, construction, and rectification of wills and trusts.
- Investigating concerns of financial abuse, disputed gifts, statutory wills, revocation of Lasting Power of Attorney and disputed Deputyship applications.
- Inheritance disputes involving farming families and disputes involving business/partnership assets.
- Applications with the Probate Registry: caveat, citation, and subpoenas.
- Protecting legacies for charity clients.
- Professional negligence claims arising out of trust and estate administration, and failed tax and estate planning.
- Trust disputes, such as resulting and/or constructive trusts, and applications under the Trusts of Land and Appointment of Trustees Act 1996.
This also includes considering a range of issues around each case, such as obtaining costs awards, seeking recovery of the costs, and enforcement of costs awards. Other issues, include taking steps to protect my clients from vexatious litigants, harassment, defamation (which includes the use of social media) and nuisance actions.
This often means using alternative dispute resolution, such as mediation.
Publications
