Richard Dew’s practice is focussed on Wills, Estates and Trusts and related professional negligence. His practice is predominantly litigation, and he is frequently involved in large and complex claims. He also advises and represents in Court of Protection matters and provides expert advice in respect of tax and tax planning (principally capital taxation).
He is a former chair of the STEP Contentious Trusts and Estates SIG and is an elected member of the Chancery Bar Association Committee. He also sits on the Law Society’s Wills and Equity Committee. He is a member of STEP and ACTAPS.
Richard is an editor of Rossdale’s Administration of Estates and regularly writes and lectures on chancery and private client matters.
Ranked as a Star individual in Chancery: Traditional and Band 1 in both Trusts and Court of Protection: Property & Affairs in Chambers UK 2022.
Richard has been shortlisted by Chambers UK for the (Chancery) ‘Junior of the Year’ award 2021.
Inheritance, Probate & Wills
The majority of Richard’s practice consists of litigation in the private client area, including challenges to Wills and trust, the administration of estates, trusts of land disputes and related professional negligence claims (including tax negligence). He has wide experience of litigation at all levels and considerable expertise in ADR and mediation.
Reported Cases:
- Rokkan v Rokkan [2021] EWHC 481. Whether Norwegian rules of forced heirship applied to the estate of a Welsh deceased. Also considered the law of ademption.
- Titcombe v Ison [2021] Lexis Citation 43. An allegation of a secret trust in favour of Richard’s client.
- Schumacher v Clarke [2021] EWHC 3381. Richard, on behalf of representative beneficiaries, successfully contested an application by trustees for directions
- Parsonage v Parsonage [2019] EWHC 2362. A battle of Wills. A probate claim where each party alleged that the Will in favour of the other was invalid. Richard cross examined witnesses and experts.
- Knight v Knight [2019] EWHC 915. Brotherly love. After the death of one brother, the survivor asserted that he owned the house in which the deceased had lived. Richard, acting for the estate, demonstrated that it had always been agreed that the home was owned by the deceased and held in the name of the survivor to avoid the consequences of a bankruptcy. Raised difficult issues of illegality.
- Sheffield v Sheffield [2018] EWHC 2360. Richard acted for the trustees in a complex claim against them for an account that spanned many years. The account was settled and the judgment concerns the liability of the trustees for the costs of the account.
- Thornton & Ors v Woodhouse & Anor [2017] EWHC 769 (Ch) Richard successfully defended a probate challenge following a lengthy and tragic court battle.
- P v P [2015] WTLR 1039, [2015] Fam Law 773 (at first instance AB v CB [2015] 2 FLR 25: At first instance Mostyn J varied a trust so as to award the wife a lump sum award from the trust. This would have necessitated the sale of the property, which the settlor had always intended to remain unsold and to the prejudice of the other beneficiaries. Richard appealed on behalf of the trustees. The Court of Appeal gave permission to appeal, considering these points had not properly been considered. On appeal the court was highly critical of Mostyn J.’s judgment but the decision was upheld.
- JSC Mezhdunarodniy Promyshlenniy Bank v Pugachev: Richard acted for a director of a trust company caught up in the litigation and provided substantial assistance in the (intense) process of providing disclosure required by the Court. He then represented her in court in resisting orders for further disclosure and in obtaining back her passport.
- Tadros v Barratt [2014] EWHC 2860: A substantial cross-jurisdictional probate dispute, the reported case involves an attempt to prevent parallel litigation in Holland.
- Goodman v Goodman [2013] 3 WLR 1551: Concerning whether an executor can be removed by section 50 AEA 1985 prior to a grant of probate.
- Shovelar v Lane [2011] 4 All ER 669: A decision by the Court of Appeal regarding a costs order following a trial of a mutual Wills claim
- Hopes v Burton [2022] EWHC 2770. A contested application to set aside two appointments which had catastrophic tax consequences. Richard succeeded in having the appointments set aside.
Recommendations
Qualifications
- LLB (Hons)
Associations & Memberships
- Law Society’s Wills and Equity Committee
- ACTAPS
- Chancery Bar Association
- STEP
Publications
- Parker’s Modern Will Precedents (Eighth edition)
- Rossdale’s Administration of Estates (Fifth Edition)
- Tolley’s Inheritance Tax Planning
- Ranking, Spicer and Pegler’s Executorship Law, Trusts and Accounts
- Lexis Nexis: The Registration Act 2002
Chapters:
- Injunctions: in International Trusts Disputes.
Articles:
- Brewster and the future for unmarried cohabitants, Lawskills (Feb 2017)
- Trusts & Disclosure (2011) PCB 241
- Can TLATA be interpreted as a fiscal bill? (2009) TELTJ 106
- A Wasted Opportunity (2007) 83 TELTJ 23
- Extrinsic Evidence Rreturns (2006) 80 TELTJ 17
- The Claimant’s share of blame (2006) 73 TELTJ 7
Speaking Engagements
- Attacking Trusts in Divorce (for the Chancery Bar Association in London, the Cayman Islands and Guernsey).
- Acting for the PR in contentious litigation
- Insolvent Trusts
- Setting Aside Trusts
- The European Succession Regulation
Awards
- ACTAPS Contentious Barrister of the Year 2016
Richard Dew is a self-employed, independent barrister whose practice is governed by the Code of Conduct of the Bar of England and Wales. He is regulated by The Bar Standards Board [Bar Ref 40317] and is fully insured with the Bar Mutual Indemnity Fund [BMIF Ref 2360/053] 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 761309146.
