Track record
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.
Will interpretation
Stephen Richards, along with Alexandra Dix, acted for the successful claimant 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.
Isle of Man trust structure
Stephen, together with Ceri Vokes and Olivia Turner, set aside a previous transfer of shares into an Isle of Man trust structure, which mistakenly resulted in adverse tax consequences. Working with Isle of Man advocates we also advised on making the relevant arrangements for minor and unborn beneficiaries. Read the Judgment here
RSPCA
Stephen together with Paul Hewitt acted for the charity in RSPCA v Sharp & Others [2010] in which the Court of Appeal unanimously upheld the RSPCA's case that its benefactor, the late George Mason, had intended his estate to pass free of inheritance tax. Click here to read our summary of the case and click here read the Judgment.
Removal of trustee
Successfully removed a Trustee of a multi-million trust in the High Court.
Intestacy rules
Acted on behalf of a national charity and successfully applied for a copy will to be admitted to probate where the intestacy rules would have applied if the application was unsuccessful. As a result, the charity was able to realise a substantial legacy.
Removal of attorneys
Assisted a client in successfully removing existing attorneys and installing an independent professional Deputy.
Discretionary trust
Secured the distribution/partition of discretionary trust (worth over £10m) in face of hostile trustees.
Talks
'Court of Protection update', Simon Gore - June 2017
'Deputyship masterclass', 39 Essex Chambers Court of Protection conference - June 2017
Global Family Office's Successful Succession seminar - November 2014
'Contentious Probate Update', LexisNexis - October 2014
Institute of Legacy Management Court of Protection conference, London - November 2013