Contentious Probate Update, Cardiff

Transcription

1 Contentious Probate Update, Cardiff Thursday, 8th October :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 #contentiouspu Cost 40 + VAT CPD 2.5 hours Accreditation BSB and SRA

2 Programme pm Registration and refreshments pm Donatio Mortis Causa Christopher Jones, Barrister, St John s Chambers Christopher will discuss gifts made in contemplation of death 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 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 pm Refreshment break 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 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 pm Question and answer session 5.00 pm Drinks and canapés

3 Your presenters Alex Troup, Call 1998 Alex 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 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 for contentious probate work, and is highly regarded for his work on trusts and complex property litigation. He has an ability that you would expect of a much more senior barrister; he has a poise and elegance in oral argument that is deeply impressive. He has a hugely affable personality and he really cares for his clients. His advice is pragmatic, forthright when necessary, and he does not shy away from giving a view in unclear cases. Chambers UK (2014) 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 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) Visit our website to view and download full profiles 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 sharp analytically, 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. 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 division. His clients included London and New York based pension funds, institutional investors and hedge funds. Prior to that he worked as an equity analyst covering the technology and telecoms sectors at Natixis, the French investment bank, and JP Morgan Chase.

4 Booking Information Booking information Please be advised that places are limited so please book early to guarantee a place. Cost Delegate fee: 40 + VAT The fee for this seminar includes the full conference pack, refreshments and drinks reception following the conference. Booking Form Please complete the booking form and either: us at [email protected] Fax your completed booking form to us on 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. Terms and Conditions 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 to confirm that your registration form has been received. Substitute delegates: Substitute delegates will be accepted at any time please telephone to let us know the name of the substitute. If you have any enquiries, please call Emma Wells on or [email protected].

5 Booking Form Please complete the form in BLOCK CAPITALS and send to First Delegate Name: Firm: Postal Address/DX: Tel No: Special/dietary requirements: * Do you wish to receive future seminar updates? Yes No Please invoice or I enclose a cheque for made payable to: St John s Chambers Second Delegate Name: Firm: Postal Address/DX: Tel No: Special/dietary requirements: * Do you wish to receive future seminar updates? Yes No Please invoice or I enclose a cheque for made payable to: St John s Chambers Once payment has been received you will receive a booking confirmation via . * We will not pass your details to any 3rd party.

6 St John s Wills, Trusts and Probate team, look forward to welcoming you to our seminar. St John s Chambers 101 Victoria Street Bristol BS1 6PU DX Bristol TELEPHONE FAX [email protected]