Contentious Trusts & Estates

Ten Old Square is renowned for its trusts and estates expertise.

We are consistently ranked as one of the top private client sets in Chambers UK, Chambers HNW and The Legal 500. We have won Chambers of the Year at the STEP Private Client Awards twice.

Many of our barristers are also individually ranked, with multiple ‘Star Individual’ and ‘Band 1’ rankings, and often appear in the largest and most complex trust and estates disputes, both in this jurisdiction and offshore.

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Chambers UK Bar Guide states:

Ten Old Square remains a premier set for handling trusts, probate and estates matters. The bench strength at the set is highlighted as a particular asset, with one interviewee commenting: “The set has a strong set of barristers who between them are able to advise on the full range of chancery matters.” An impressed source echoes this, adding: “They are truly a specialist set for this sort of work, and a ‘go-to’ for high-value or complicated trust or probate litigation. Within that team they certainly have breadth of knowledge.” Barristers at the set have been involved in several high-profile matters recently, including the Del-Curto v Del-Curto matter, an international case concerning whether Italian forced estate succession rights could be enforced in England. Other matters handled include Gorbachev v Guriev, a case concerning two Russian billionaires, and Dawson-Damer v Grampian Trust Co Ltd, a large breach of trust claim in Bermuda.

Several of our barristers are also individually ranked by the directories, with Simon Taube KC and Richard Dew both receiving the rare and coveted accolade of “Star Individual” from Chambers UK.

Many of our barristers are specialists in related fields such as Court of Protection, Private Client (Non-Contentious), Partnerships, Property and Tax. This means we can provide a full service at the highest level of expertise for all matters relating to trusts and estates.

Our members give regular seminars to other legal professional in this area. Ten Old Square also hosts the London Trusts Conference, an annual event that features in the calendars of most of the leading trusts lawyers in the UK and beyond.

Contact Us

For more information or to instruct our barristers, please contact our clerks.

Trust Disputes

Our barristers have expertise in all types of contentious trusts work, including:

  • Claims for breach of trust / breach of fiduciary duty
  • Public Trustee v Cooper applications
  • Beddoe applications
  • Trustee removal applications
  • Claims for trust accounts or other information
  • Rectification or rescission of trust documents
  • Construction of trust documents
  • Variation of trusts
  • Declarations of trusts
  • Disputes about the occupation or sale of trust property under TOLATA

For more details on our barristers’ experience in non-contentious trusts matters, please see our Private Client page.

Probate, Inheritance & Estates Disputes

Our barristers are among the leading experts in disputes relating to probate, inheritance and estates, including:

  • Claims under the Inheritance (Provision for Family and Dependants) Act 1975
  • Proprietary estoppel
  • Probate claims concerning the validity of wills, including lack of capacity, knowledge and approval, undue influence, fraud or failure to comply with formalities
  • Disputes about the interpretation of wills
  • Cross-border succession disputes
  • Claims against executors/administrators for breach of duty
  • Executor removal applications
  • Claims for estate accounts or the due administration of estates
  • Applications for relief from forfeiture for unlawful killing
  • Mutual wills disputes

Our barristers author some of the leading textbooks in this field, including Ross on Inheritance Act Claims (5th edition, 2023), Williams on Wills (11th edition, 2021) and Rossdale on Probate and Administration of Estates (online).

Significant Cases

Key trust and estate cases in which our barristers have been involved include:

  • James v Scudamore [2023] EWHC 996 (Ch), [2023] Ch 391 (delay and probate claims)
  • Gorbachev v Guriev [2022] EWCA Civ 1270, [2023] KB 1 (disclosure and service out of the jurisdiction)
  • Guest v Guest [2022] UKSC 27, [2022] 3 WLR 911 (the leading case on remedy in proprietary estoppel disputes)
  • Rokkan v Rokkan [2021] EWHC 481 (Ch) (cross-border succession disputes and ademption)
  • Hinduja v Hinduja [2020] EWHC 1533 (Ch), [2020] 4 WLR 93 (litigation friends)
  • Dawson-Damer v Taylor Wessing LLP [2019] EWCA Civ 352, [2020] Ch 746 (trusts, data protection and legal professional privilege)
  • MN v OP [2019] EWCA Civ 679, 22 ITELR 61 (reporting restrictions in variation of trusts applications)
  • Investec v Glenalla [2018] UKPC 7, [2019] AC 271 (trustee’s right of indemnity)

"A strong set of barristers who between them are able to advise on the full range of chancery matters."

"Incredibly pragmatic and user-friendly, he is a go-to barrister for when matters are complex and thorny. He has no weaknesses."

"Georgia is my go-to counsel. She offers excellent, clear advice and is always available to follow up."

"James is incredibly good with clients, and gives very clear and straightforward advice. He is incredibly easy to work with."

"Susannah is a go-to for complex trusts advice and variation work. Her advice is prompt and you feel confident that she will find a solution."

"Ten Old Square is an academic chancery set."

"Quite exceptional. The complete package. She has a practical touch and always gets to the heart of any matter."

"Fantastically clever, highly efficient and always willing to lend a hand and chat through any issues."

Contentious Trusts & Estates Barristers

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