Private Client (Trusts & Probate)
Our Members have a wealth of experience across the full spectrum of private client work.
This includes family asset and governance structure planning, estate planning, inheritance and probate disputes, and the administration of estates and trust disputes.
36 Commercial’s private client barristers are regularly instructed in the following areas:
- Contentious probate disputes concerning, for example, the validity of wills on the grounds of capacity, want of knowledge and approval and undue influence
- Administration of estates disputes
- Disputes arising in the context of obtaining probate
- Fiduciary duty claims
- Disputes concerning the interpretation of wills and trusts and rectification
- Actions under the Inheritance (Provision for Family and Dependants) Act 1975 and corresponding international provisions.
- Advice relating to the powers and duties of trustees.
- Variation of trusts and applications to extend trustee powers.
- Re Beddoe and Benjamin orders on behalf of trustees.
- Claims against personal representatives and trustees.
In addition, our team regularly advises on and acts in contentious trust litigation, such as disputes relating to the validity and interpretation of trusts, and claims for breach of trust, civil fraud and asset recovery. Our Members often assist clients in the drafting of trust instruments, as well as advising on the scope and proper exercise of trustees’ powers.
Cases concerning wills, estates, and trusts often engage related fields such as real property, landlord and tenant, company, insolvency, charity and tax law. 36 Commercial’s Members have expertise in these complementary fields and can advise comprehensively on and provide representation in cases traversing these areas.
With over 140 barristers, mediators and arbitrators (including 18 Queen's Counsel, 3 Senior Counsel from Ireland and South Africa, and a Senior Advocate of the Supreme Court of India), as well as operations in Singapore and Hong Kong, The 36 Group a truly international multi-specialist set. We are uniquely placed to provide advice and representation in private client matters before English and international courts at all levels.