Contentious Probate
Update, Cardiff
Thursday, 8th October 2015
1:30 - 5:00pm | Marriott Hotel, Cardiff
St John’s Chambers’ Wills and Trusts team,
welcome you to this seminar, which aims to
bring practitioners up to speed with all the
latest developments in the world of
contentious probate.
@StJohnsChambers
1.30 - 2.00 pm
Registration and refreshments
2.00 - 2.30 pm
Donatio Mortis Causa
Christopher Jones, Barrister, St John’s Chambers
Christopher will discuss gifts made in contemplation of death.
2.30 - 3.00 pm
Wills and Wants - propriety estoppel, expectation, reliance, and just
desserts
Leslie Blohm QC, Barrister, St John’s Chambers
Proprietary estoppel is a hot topic in challenges to wills (and also dispositions on
intestacy) , but even if the testator’s assurance is proven and the Claimant’s reliance on
it is established, that s not the end of the Claimant’s difficulty. What will he get?
Leslie considers the remedies that Courts award in testamentary proprietary estoppel
cases, and the arguments that arise between making awards that provide
compensation for detrimental reliance and making good the expectation.
3.00 - 3.30 pm
Tax pitfalls of settlement
Michael Clarke, Barrister, St John’s Chambers
Michael will consider the main tax issues arising upon the settlement of 1975 Act
claims and how to structure a settlement to avoid unexpected tax consequences.
3.30 - 3.50 pm
Refreshment break
3.50 - 4.20 pm
Mechanics of settlement (including Part 21, and changes to Part 36)
Charlie Newington-Bridges, Barrister, St John’s Chambers
Charlie’s talk will consider changes to Part 36, recent case law interpreting Part 36 and
tactical considerations that arise from the changes and case law developments. He will
also look at the settlement provisions in Part 21 considering the issues and difficulties
in settling claims involving children and protected parties.
4.20 - 4.50 pm
Mediating contentious probate disputes
Alex Troup, Barrister, St John’s Chambers
Alex will draw on his experience as a qualified mediator to provide some practical tips
on how to mediate contentious probate disputes, as well as considering some of the
more recent case law on mediation
4.50 - 5.00 pm
Question and answer session
5.00 pm
Drinks and canapés
Programme
Your presenters
Alex Troup, Call 1998Alex practises in the chancery and commercial fields with a particularly strong expertise in property and probate matters. He has been described in Chambers UK as a “star of probates”, and has extensive
experience of both advisory and contentious work relating to wills, trusts and the administration of estates, including claims under the Inheritance Act 1975. Alex is also a qualified mediator and is building up his mediation practice, with particular focus on contentious probate disputes. “Alex continues to develop a strong reputation forcontentious probate work, and is highly regarded for hiswork on trusts and complex property litigation. ‘He has anability that you would expect of a much more seniorbarrister; he has a poise and elegance in oral argument thatis deeply impressive.’ ‘He has a hugely affable personalityand he really cares for his clients. His advice is pragmatic,forthright when necessary, and he does not shy away fromgiving a view in unclear cases.’ “ Chambers UK (2014)
Christopher Jones, Call 2004 Christopher is a chancery and commercial specialist with particular emphasis on trust litigation and advice, contentious and non-contentious probate applications, real property litigation (particularly in relation to easements, restrictive covenants and
contracts for the sale of land) and commercial and agricultural landlord and tenant disputes. He recently appeared in the High Court in Oatley & Ors v Oatley &Powney (2014) to act on behalf of the minor and unborn beneficiaries of a settlement, where the claimant trustees sought rectification. He also regularly advises on professional negligence claims, particularly in relation to claims against solicitors, accountants and tax consultants in relation to negligent conveyancing and tax advice. He is a full member of the Association of
Contentious Trust and Probate Specialists (ACTAPS) and The Society of Trust and Estates Practitioners (STEP). “Christopher has a can-do attitude and is very sharpanalytically, he knows what he’s doing and he does it.”Chambers UK (2014)
Michael Clarke, Call 2009
Michael has a commercial and chancery practice. His particular areas of expertise include: commercial and contractual disputes; professional negligence (particularly in relation to negligent tax advice and conveyancing transactions);
real property litigation; wills, trusts, probate and inheritance (including applications under the Trusts of Land and Appointment of Trustee Act 1996); licensing and taxation. Michael provides tax advice, both ancillary to his areas of expertise and freestanding. In doing so he is able to draw upon his previous experience as a specialist tax solicitor when practising with Burges Salmon LLP and his previous qualification as a Chartered Tax Adviser.
Leslie Blohm QC, Call 1982, 2006 (QC) Besides his citations in various
directories (Chambers, Chambers 100, Legal 500; Who’s Who in the Law) for his work in connection with Real Estate litigation, agricultural law, and
commercial dispute resolution, Leslie has thirty years’ experience in the South
West litigating traditional chancery disputes, including probate and administration actions, ranging from fraud and forgery cases such as Howard v. Mawby [2002] All ER (D) 114 (Jan) through Inheritance Act disputes to disputed will constructions and (in particular) estoppel claims relating to estates. He has recently appeared for the successful claimant in the ‘Cowshed Cinderella’ case Davies v. Davies [2014] EWCA Civ. 568. Leslie is a Recorder (criminal and civil) and a Deputy High Court Judge (Chancery), and heads the Chancery and Commercial department of St. John’s Chambers. "He has a strong hand, and speaks fairly. He's not stuffy. Judges respect his authority, and he doesn't pull punches in his cross-examinations. He's rather firm and vigorous. He doesn't let a point go if he thinks he's got something."Chambers UK (2015)
Charlie Newington-Bridges, Call 2011 Charlie has a general chancery and
commercial practice. His particular specialisms include: commercial / contractual disputes; banking and financial services; wills and probate; real property and trusts; partnership law; and insolvency. His recent work includes
2 High Court trials in which he acted alone in high value claims involving firstly, interpretation and rectification and secondly, misrepresentation and breach of warranty. He advises and acts in matters involving: shareholder disputes, unjust enrichment, fraudulent and negligent
Misrepresentation, partnership, consumer credit, agency / vicarious liability, guarantees, sale of goods and the supply of goods and services, as well as mediation. Before becoming a barrister, Charlie spent 13 years working in investment banking. He was a director of ABN Amro’s European equities
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Please be advised that places are limited so please book early to guarantee a place.
Delegate fee:
£40 + VAT
The fee for this seminar includes the full conference pack, refreshments and drinks reception
following the conference.
Please complete the booking form and either:
us at
[email protected]
Fax
your completed booking form to us on
0117 929 4821
Post
your completed registration form to:
Rose Kemery, St John’s Chambers, 101 Victoria Street,
Bristol BS1 6PU.
Please send a cheque with this form or tick the box if you wish to be invoiced.
Cheques are to be made payable to St John’s Chambers.
Payment:
All invoices for this seminar must be paid within 30 days of the invoice date.
Cancellation:
Any cancellations received with less than 48 hours’ notice will not be entitled to a
refund. This is to cover catering and administrative costs related to the seminar.
Confirmation of registration:
If you have not received confirmation of your registration one week
before the conference, please telephone
0117 923 4683
to confirm that your registration form has
been received.
Substitute delegates:
Substitute delegates will be accepted at any time – please telephone
0117 923 4683
to let us know the name of the substitute.
If you have any enquiries, please call Emma Wells on 0117 923 4683
or email [email protected].
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forward to welcoming you to our seminar.
St John’s Chambers
101 Victoria Street Bristol BS1 6PU DX 743350 Bristol 36 0117 923 4700 TELEPHONE
0117 929 4821 FAX [email protected]
www.stjohnschambers.co.uk
