Track record
Racehorse owner's suspicious Will overturned
In Bond v Webster and others [2024], Paul, Olivia Turner, Debbie Nicholls-Carr and Alexandra Dix 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 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.
Defeating attempt to exclude charities by way of rectification
In Pead v Prostate Cancer UK & Others, reported at [2023] WTLR 1089, the deceased's stepson tried to exclude three cancer charities from sharing in the residuary estate, arguing that his stepfather had intended the residue to go solely to family members. We represented the charities in successfully defending their entitlement to residue. (The dispute then mutated into a widely-reported argument over costs, which didn't involve the charities, between the drafting solicitor and the stepson.) Click here to read the original judgment.
Obtaining costs against obstructive co-administrator
In Berger v Schuman [2024], Paul and Rosalind Russell acted for Corinne Berger, one of two sisters appointed co-administrators of their mother's estate. Mrs Berger sought the court's assistance in circumstances where her sister was (amongst other things) refusing to follow professional advice about marketing their mother's flat, which as a result had not sold despite being on the market for over a year. Mrs Berger not only obtained the order she needed, but the Judge held it was 'entirely reasonable' for her to have made her claim and ordered her sister to pay 60% of the costs personally (with the rest coming out of the estate). Click here to read our summary and here to read the costs judgment.
Mercy killing and relief from forfeiture
In 2023, Paul and Alexandra Dix 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, Paul and Alexandra Dix 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.
Meaning of 'free of tax'
Paul represented Sightsavers, acting under its formal name as representative for twenty other charities, in Royal Commonwealth Society for the Blind v Beasant and others [2021], an application to determine that a legacy expressed to be equal to the maximum passing free of tax has a nil value where there are already gifts to non-exempt beneficiaries exceeding the tax free element. Sir Anthony Mann upheld the decision on appeal in Beasant v Royal Commonwealth Society for the Blind [2022]. Click here to read our briefing note on the case, click here to read the appeal and here to read the original judgment.
Representation of Dame Zaha Hadid beneficiaries
Paul Hewitt and Sarah Aughwane advised the nominated representative of the former employees of Zaha Hadid Limited in Schumacher v Clarke and others [2020] in which the executors and trustees of Dame Zaha Hadid's estate sought the Court's blessing of a decision to pass significant assets to an Employee Benefit Trust. The Court accepted submissions made on behalf of the former employees and other representative parties that the decision should not be blessed. Click here to read the judgment.
Nizam of Hyderabad
Paul, Deborah Nicholls-Carr and Olivia Turner represented Prince Mukarram Jah, His Exalted Highness Nizam VIII of Hyderabad, in a dispute over funds frozen at Natwest Bank for over 70 years (the subject of a 1958 House of Lords decision Rahimtoola v Nizam of Hyderabad), involving the governments of India and Pakistan. Pakistan issued a new claim in 2013. The High Court decided in Pakistan v Natwest and Ors that the Nizam's claim to the funds should be allowed to proceed. In 2019, the Judge finally upheld the Nizam's claim (along with those of his younger brother and India) which he had assigned to his grandfather's funds. Read the judgment here. The case was one of The Lawyer's ‘Top 20 Cases of 2019'. In July 2020 we succeeded in ensuring applications to set aside the Judgment and seeking disclosure of various documents were dismissed. See the Times of India's report here.
Talks
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ThoughtLeaders4, Nizam: Nuclear powers face off in High Court over English trust law principles speaker - 21 April 2021
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Informa India Disputes, Representing the Nizam: India v Pakistan in the English High Court - 19 November 2020
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Contentious Trust and Probate Ceremony - James v James - 8 February 2018
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The Law Society Private Client Cross Border Conference 2016, Cross Border Contentious Probate
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Law Society, Will drafting post Illot v Mitson(2015) - 9 October 2015
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Contentious Trust and Probate Conference, Removal of Personal Representatives - 8 October 2015
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Institute of Fundraising, Legacy Fundraising Summit, What happens when your legacy gift is under dispute? - 14 September 2015
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IBC's UK & Cross Border Contentious Wills & Probate Conference, Examining the Role of the Personal Representative in Probate Litigation - January 2015
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Legacy Labyrinth, Chattels as a source of discord - January and February 2015
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Law Society webinar, Contentious probate - September 2014
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Legacy Labyrinth, Deathbed Gifts - January and February 2014
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Law Society webinar, The latest on contentious probate - September 2012
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Jordans Wills Trust and Probate Update 2011 - Contentious Probate - the Golden Rule revived? - November 2011
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STEP Cheshire Charities as beneficiaries - friend or foe? - September 2011
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Surrey Law Society 2011 Private Client Conference Construction of wills - when words don't always mean what they say - September 2011
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Solicitors Group Wills and Probate Trustee Errors - Hastings Bass and other remedies after the Court of Appeal - May 2011
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LexisNexis Webinar Charities as Beneficiaries under wills: drafting, administering and litigating - April 2011
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STEP Cross Border Incapacity Conference The Case of Re MN - December 2010
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STEP Norwich and Norfolk Family disputes: pre and post death - November 2010
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Surrey Law Society Private Client Conference The Court of Protection in Practice - September 2010
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Solicitors for the Elderly Putting Tax Mistakes Right - June 2010
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STEP Lakes and Lancaster Confusion in Wills - the modern approach to construction - May 2010
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Advising The Elderly Conference 2010 Court of Protection Issues including Lasting Powers of Attorney - April 2010
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Jordans Wills, Trusts & Probate Seminars Autumn 2009 No Contest Clauses
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4me Convention Nationale des Avocats 2008 Reformes des tutelles: La protection en Common Law, Illustrations transfrontalière (France/Grande Bretagne)
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Contributor to Legal Network Television programmes including Private client: troublesome trustees, executors and beneficiaries; Will and Trusts: Mistakes; Private Client: Contested Legacies and Trusts and Mistakes