James Kirby is a Chancery barrister with a practice focused on Trusts and Estates (contentious and non-contentious), Court of Protection and Private Client Tax.
He is ranked by Legal 500 2024 as a ‘Rising Star’ in Private Client: Trusts and Probate.
James’s expertise as advocate may be seen from his successful defence of a probate claim at trial on the basis that the claim had been brought with undue delay: James v Scudamore [2023] Ch 391. This is now the leading case on delay in probate claims.
He is also an experienced junior counsel in heavy trusts and estates disputes and tax litigation. Reported cases include Hinduja v Hinduja [2020] 4 WLR 93, BCM Cayman Ltd v HMRC [2023] STC 1738 and HMRC v BlueCrest Capital Management LP [2023] EWCA Civ 1481.
James was appointed to the Attorney General’s C Panel in 2023. He is also an editor of Williams on Wills (11th edition, 2021).
Before becoming a barrister, James was a Fellow in History at Trinity College, Cambridge.
Inheritance, Probate & Wills
James frequently advises and represents clients in all kinds of matters relating to inheritance, probate and wills, both contentious and non-contentious. This includes:
- Probate disputes.
- Inheritance (Provision for Family and Dependants) Act 1975 claims.
- Applications to remove executors under s 50 of the Administration of Justice Act 1985.
- Applications for the interpretation and/or rectification of wills, trust deeds and other documents.
- Advice on the interpretation of wills and the administration of estates.
- Drafting wills.
- Post-death variations, including deeds of variation and applications under the Variation of Trusts Act 1958.
Notable cases include:
- James v Scudamore [2023] Ch 391. James acted for the defendant executor and beneficiary. The judge accepted his argument that a probate claim could be barred by the claimant’s delay in bringing the claim.
- Bridgmont v Zammit (County Court at Central London): Represented the claimant in a 3-day trial at Central London County Court concerning the beneficial ownership and sale of a property formerly owned by the client’s deceased parents. The claim received media coverage in The Times and other newspapers.
James is also an editor of Williams on Wills (11th edition, 2021).
Recommendations
Qualifications
- Bar Professional Training Course (Outstanding), City Law School (2017)
- Graduate Diploma in Law (Distinction; Equity & Trusts Prize), City Law School (2016)
- DPhil in History, Balliol College, Oxford (2014)
- MSt in History (Distinction), Balliol College, Oxford (2011)
- BA in History (First Class – highest of year; Gibbs Prize and Arnold Prize), Balliol College, Oxford (2010)
Associations & Memberships
- Member of the Chancery Bar Association
- Member of the Court of Protection Bar Association and CoPPA (Court of Protection Practitioners’ Association)
- Member of ConTrA (Contentious Trusts Association)
- Fellow of the Royal Historical Society
Publications
Williams on Wills (11th edition, 2021) (with Francis Barlow KC, Susannah Meadway and James MacDougald).
‘Drawing a Veil? Privacy and Anonymity in Trusts and Capacity Proceedings’, Trusts & Trustees, 2023, vol. 29, 760-768 (with Georgia Bedworth).
‘Can delay defeat a probate claim?’, Private Client Business, 2023, 4, 158-164.
‘Statutory Wills and Probate Disputes: Contested Wills in the Court of Protection’, Private Client Business, 2022, 3, 104-111 (with Richard Dew).
‘Tax Planning in the Court of Protection’, Lawskills (Sep. 2018).
James Kirby is a self-employed, independent barrister whose practice is regulated by the Bar Standards Board [Bar Council Ref 69244]. He is fully insured with the Bar Mutual Indemnity Fund [BMIF Ref 2360/079] to provide legal services, please refer to the BMIF website for full details of the world-wide cover provided. He is registered for VAT under the reference 304589790.
