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Guy acts as counsel and mediator specialising in claims relating to trusts of land and inheritance disputes.
Guy’s experience lies in claims concerning the creation, ownership, transfer or protection of property rights or rights over property following the breakdown in relationships between cohabitees, family members and those involved in joint enterprise.
Much of Guy’s practice is made up of work relating to TOLATA 1996, beneficial and resulting trusts, proprietary estoppel, undue influence and real estate fraud. Whilst predominantly a civil practitioner Guy is frequently required to act on behalf of interveners in Financial Remedy cases involving trust of land disputes.
Guy has the skills and experience necessary to deal with cases concerned with challenges to the validity of a will, undue influence as well as disputes relating to the proper administration of an estate.
Guy frequently acts in claims made under the Inheritance (Provision for Family and Dependants) Act 1975.
Key cases & testimonials
McLean v McLean [2023] EWHC 1863
A High Court appeal concerning the principles applicable under the doctrine of mutual wills and in particular whether the agreement needs to be contractual in nature and whether on a proper analysis of the doctrine an estoppel might suffice.
Hudson v Hathway [2022] EWCA 1648
The Court of Appeal confirmed detrimental reliance as an essential ingredient where parties vary the extent of their beneficial interests informally and rely upon a common intention constructive trust.
In addition the Court of Appeal held for the first time that a name placed at the end of an email will be treated as a signature for the purposes of s53(1) of the Law of Property Act 1925.
Ubbi v Ubbi [2018] EWHC 1396 (Ch)
A successful claim under the Inheritance (Provision for Family and Dependants) Act 1975 on behalf of two illegitimate infant children against their father’s estate which was valued at £4.5 million. The case provides an important overview of how the court should approach claims by minors under the 1975 Act given the lack of reported decisions on this topic. The case also covers important considerations as to the meaning of ‘successful party’ under CPR 44.3.
McCabe v McCabe [2015] EWHC 1591 (Ch)
In a 170 page judgment, the testatrix’s decision to disinherit one of her sons was found not to be based upon false beliefs or confabulations. Although she did suffer with Alzheimer’s disease when the will was executed she had the requisite capacity and understood the contents of the will and its effect. The will had been duly executed despite the witness to the signing claiming that he had in fact not been a witness to the signing by the tetatrix.
Laser focused with a towering knowledge, Guy is always well prepared and he explains often complex facts and legal principles clearly and effectively. He is calm and empathetic which clients and those instructing him appreciate. A truly safe pair of hands, an outstanding candidate. Solicitor - 2023
Areas of expertise
Guy appears frequently in Finance cases on behalf of intervenors who have interests in contested property assets. Further Guy is often required to advice upon trust assets and the due administration of trusts in the context of marital breakdown.
Guy has a wealth of experience in cohabitation cases involving all aspects of TOLATA 1996 disputes.
Guy has appeared in over a hundred mediations and is an accredited mediator himself specialising in all manner of cohabitation, probate and trust disputes.