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 as a ‘Rising Star’ by the Legal 500 2025 for Private Wealth and Probate.
James has represented clients in courts at all levels from the Court of Appeal to the County Court. In 2023, he appeared for the successful defendant in James v Scudamore [2023] Ch 391, which established for the first time that a probate claim may be barred by delay.
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, HFFX LLP v HMRC [2024] EWCA Civ 813, [2024] STC 1371, and BCM Cayman Ltd v HMRC [2024] 1 WLR 1980.
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.
Private Client
James has a well-established private client practice, and is equally at home in contentious and non-contentious matters. He also regularly advises on inheritance tax and capital gains tax.
James’s contentious experience includes:
- Probate disputes.
- Inheritance (Provision for Family and Dependants) Act 1975 claims.
- Claims concerning trusts of land under the Trusts of Land and Appointment of Trustees Act 1996 (TOLATA).
- Applications to remove executors under s 50 of the Administration of Justice Act 1985 and/or trustees under the Trustee Act 1925.
- Applications for the interpretation and/or rectification of wills, trust deeds and other documents.
James’s non-contentious experience includes:
- Advising on the interpretation of wills and trusts.
- Applications under the Variation of Trusts Act 1958.
- Deeds of Variation of deceased persons’ estates.
- The exercise of trust powers, including powers of appointment and powers of advancement.
- The drafting of wills and trust deeds.
- The administration of trusts and estates.
James also writes occasionally as a private client expert for LexisNexis.
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.
