Trust & Probate Cases

• Claim against accountants for breach of trust in paying away monies to another client’s order pursuant to an incompletely documented share purchase/investment agreement and related security documents.

• Claim by beneficiaries against testator’s solicitor for breach of duty in respect of a negligently drafted lifetime agreement between sibling beneficiaries.

• Claim against Religious Order for proceeds of sale of valuable collection of medals by grand-daughter. 

• Claim to remove caveats in respect of challenge to capacity of testator, including allegations of undue influence. 

• Claim for proprietary estoppel in respect of a farm left between siblings and contrary to various wills, letters of wishes and tenancy and farm asset agreements.

• Claims between brothers following caveat, for lack of capacity, entered against deceased’s mother’s codicil reallocating shares in the family business.

• Claim by mortgagor against mortgagee and LPA Receiver for breach of duty to obtain a reasonable price following alleged failure to approach interested parties.

• Claim for negligence against life insurance company following misinformation about policy being in trust for ex-wife of deceased, including considerations of hypothetical exercise of trustees’ discretion and claims under the 1975 Act.

• Claim under the 1975 Act for financial provision by adult child against sibling beneficiaries.

• Claim by estate against quasi-partners of deceased for proceeds of life insurance placed to support options for share buy-back in the event of death.

• Claim to invalidate a lifetime transfer of shares in a family company which appeared to take no account of the disadvantage to another branch of the family donees.

• Claim for knowing assistance in breach of fiduciary duty against spread-betting company for collusion in secret commissions to introducing brokers.

• Dispute between Executors regarding deceased’s share in a farming and haulage partnership with his brother, involving 200 acres.

• TOLATA claim by former co-habitee 11 years after separation, including claims for adjustment to express trust, occupation rent and equitable accounting.

• Dispute between three generations of a farming family regarding work carried out and investments made in reliance on promises said to give rise to promissory estoppel and constructive trusts.

• 1975 Act claim against surviving sons by surviving partner of a divorced, and intestate, Hindu, following his conversion to Islam, an Islamic wedding ceremony and alleged cohabitation with the surviving partner, as well as on the basis of maintenance during the lifetime of the deceased.

• Dispute between former friends about the transfer of properties and other partnership dealings alleged to have been facilitated by fraudulent misrepresentations.

• Multi-generational dispute between executors of two sibling partners’ estates involving the division of residential and commercial properties and business assets.

• Claim by wife of pathological gambling addict against online gambling company for return of £1.7m taken from her account and said to have been knowingly received by the defendant, with an alternative claim for breach of duty in allowing a gambler who had attempted to self-exclude to continue to gamble, in her name. 

• Dispute regarding the terms of a lease to be negotiated between the executors of a landlord and the business tenants of land within the deceased’s estate, arising out of allegations of understandings and agreements reached between the deceased and the tenant.

• Dispute between the beneficiaries of two separate estates as to the ownership of a house shared between the two deceaseds.

• A TOLATA dispute in respect of a substantial commercial property in north London following disagreement between
  the investors as to the future development of the building and realisation of the investment.

• Dispute between elderly widow, her daughter and her son concerning his management of the deceased’s substantial property estate allegedly in fraudulent breach of his duties to the other family members.

• TOLATA claim by executors against deceased former partner for the benefit of the children of the relationship.

• Dispute between beneficiaries as to testamentary capacity and undue influence over alcoholic testator.

• Restitutionary claim by pension company against scheme member following mistaken over-payment.

• Claim by trustee in bankruptcy of an estate against the son of the deceased in respect of an undervalued
  property arrangement.

• Claim for unjust enrichment by a firm of accountants against a no-win-no-fee tax specialist following a recovery by HMRC of substantial avoided tax against their client. 

• VAT Tracing claim by a in respect of monies advanced for the purpose of acquiring shares pursuant to alleged oral and implied agreements between various parties.

• Claims by trustees in bankruptcy in respect of sham trusts. 

• Probate dispute between three siblings in respect of the effect on entitlements to two estates, those of the mother and of an aunt, following the discovery of lifetime payments by the aunt in circumstances giving rise to questions of mental capacity.

• Dispute between parents and widow of an intestate in respect of outstanding lifetime loans and commercial transactions.

• Dispute between beneficiaries and trustees following the settlement of an intestate's estate in Tenerife, apparently
  in accordance with a "Letter of Wishes", including issues of entitlement, interpretation, legal capacity and effect.

• Dispute between joint trustees (and beneficiaries) regarding the accounting for lifetime payments by a Deputy under the Mental Capacity Act 2005 and related issues of capacity in respect of two wills.

• Dispute between father, daughter and sibling over access to and use of trust funds during father's detention by HMP for sex offences against children.

• Various claims between former partners and related third-party investors under the Trusts of Land and Appointment of Trustees Act 1996.

• Probate dispute as to the respective entitlements of sibling beneficiaries to the ownership and control of an inherited nursing home business.

• Issues between trustees of landholding trust and various agricultural and business tenants.

• Claims between charitable trusts in the education sector, relating to termination of collaboration agreement and division
  of intellectual property rights in course materials and territorial rights to enrol for courses developed under the agreement.

• Claims of fiduciary duties and breach against an external accountant acting as finance director and adviser.

• Claim against former finance manager for misappropriation.

• Numerous disputes involving allegations of breach of fiduciary duty against directors.

• Claim for breach of fiduciary duties and in particular secret profits and conflict of interests against former managing director.

• Commercial claim by charitable trust against photocopier supplier.

• Dispute involving schools academies trust, the local authority auditor, the headmaster and the trust’s directors over the entitlement of the head to enhanced remuneration resulting from consultancy services provided to other schools. 

• Several disputes involving claims by liquidators against former directors for breach of trust in dealing with company assets.

Stuart has experience of litigating and advising on a number of trust-related disputes, including the following:

• Acting for main bankers in providing evidence to SFO investigating use of pension scheme assets to secure corporate borrowing in breach of trust.

• Dispute between trustees and licensor relating to collection of firewood on trust estate. 

• Tracing claims against third parties involving various jurisdictions relating to the misappropriation and movement
  of trust assets.

• Advising Jersey trustee company in guarantee claims by various bank beneficiaries.

• Numerous Mareva and Anton Piller applications relating to allegations against fiduciaries of breach of trust.

• Advising on breaches of trust relating to use of joint venture funds in middle-east engineering project.

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