Track record
Cynical attempt to claim estate's shares defeated
In Adler v CTCL and Klein, Alexandra, Paul Hewitt and Rebecca Edwards acted for the successful defendant, Mrs Klein (the first defendant being neutral and not participating for cost reasons), in a construction claim relating to several documents which the claimant alleged established that she was the beneficial owner of shares in 15 companies rather than the estate (from which we have previously succeeded in removing her as executor). The Chief Master found that the claim was issued in a 'cynical attempt' to frustrate Mrs Klein's 1975 Act claim for financial provision from her late husband's estate. The Chief Master awarded Mrs Klein her costs on an indemnity basis.
UHNW Lasting Power of Attorney and welfare dispute
Withers acted for the well-known businessman Gopichand Parmanand ('GP') Hinduja and his siblings in Court of Protection proceedings concerning the health, welfare, property and affairs of his brother, Srichand Parmanand Hinduja. It is believed to have been amongst the longest-running and most complex Court of Protection disputes, spanning over twenty hearings on a wide range of issues. In August 2022, Mr Justice Hayden delivered two judgments (here and here) lifting all reporting restrictions, but at the Court of Appeal GP argued successfully that some restrictions should remain in place to preserve his brother's privacy. The Withers team was led by Stephen Richards and included Natasha Stourton, Richard Walker, Alexandra Dix and Rosalind Russell. Read the Court of Appeal's judgment here.
Racehorse owner's suspicious Will overturned
In Bond v Webster and others [2024], Alexandra, Paul Hewitt, Olivia Turner, and Debbie Nicholls-Carr acted for Lindsay and Mike Bond, the successful parties in a will dispute that led to one of the longest probate trials to take place in the High Court. Their father, Reg Bond, a self-made multimillionaire who built up one of the UK's most valuable tyre wholesale businesses, had a longstanding intention to treat all four children equally. However, the Judge found (after hearing 12 days of evidence from 22 witnesses) that not long before Reg passed away, a secret plan had been hatched by those around him to exclude Lindsay and Mike Bond at a time by which he no longer had the necessary capacity (and the suspicious circumstances meant in any event that he could not be satisfied that Reg had the necessary knowledge and approval) to make a will. Click here to read our summary and here to read the judgment.
Mercy killing and relief from forfeiture
In 2023, Alexandra and Paul Hewitt acted for Withers Trust Corporation in the estate of Adrian Berry, securing full relief from the forfeiture rule in the light of the tragic circumstances. Mr Berry had assisted in the death of his terminally ill wife, before taking his own life. As a result of the relief granted, Mr Berry's estate receives the benefit of his wife's estate, such that all their assets pass to their intended charity, free of inheritance tax. Click here to read the judgment and here to read our briefing note.
Out of depth executor removed
In Klein v Adler and Klein, Alexandra and Paul Hewitt acted for the successful claimant, Mrs Klein, in an action to replace the executor with an independent administrator, the Deputy Master holding that there had been a ‘real failure to progress the administration’ resulting in part from her lack of modern technological ability which served to emphasise why she was ‘not a suitable person to carry through the administration of the estate’. Click here to read the judgment.
Widow allowed to bring claim record-breaking 26 years out of time
Alexandra, along with Paul Hewitt acted for Mrs Bhusate in her claim for financial provision from her late husband’s estate more than 25 years after her husband passed away. Despite the lengthy delay (the previous record of just under six years was set in 1993) Chief Master Marsh ordered that Mrs Bhusate’s claim should be allowed to proceed. Click here to see his judgment. In January 2020, reported at [2020] WTLR 691, the High Court upheld Chief Master Marsh's decision (the appeal judgment is here) meaning Mrs Bhusate's claim could proceed. Shortly after the defendant stepchildren conceded the claim. Click here to read our briefing note.
Claim to have been treated as a child
In Wells v Chorus Law and Others [2018], Alexandra and Paul Hewitt acted for the successful defendants in the first 'child of a single parent family' 1975 Act claim following amendments to the legislation in 2014. The Judge agreed that the deceased had never treated the claimant (his former neighbour, twenty years his junior) as part of his family. She was therefore refused permission to bring a financial provision claim. Click to read our briefing note on the case.
Succession dispute
Alexandra, along with Stephen Richards, acted for the successful claimants in Tish v Olley & Others [2018], where the judge agreed with their interpretation of the will. Click here to read our briefing note on the case and here for the judgment.
Talks
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'Charities - how they should respond to 1975 Act Claims; & Defining persons treated as a child of family: lessons from the Family Division and their application to the single parent family in Wells v Chorus Law', ACTAPS Annual Seminar - April 2019