Claire van Overdijk KC has extensive experience in contentious and non-contentious trust and estate disputes as well as commercial and civil litigation.
As a specialist in the resolution of complex disputes, her practice is principally contentious extending to advocacy, strategic expertise and tactical advice in domestic and multi-jurisdictional high-value litigation. As an expert in private international law, she is also well equipped to advise on cross border elements that arise in these fields.
Claire also has a broad private client practice advising on domestic and offshore wealth structuring and estate planning matters including the creation, restructuring and termination of trust structures, matters relating to trust administration, as well as probate and testamentary issues. She has extensive experience with global businesses, financial institutions, public bodies, trustees, beneficiaries, settlors, protectors, private individuals and families. She is also a recognised expert in the field of mental capacity law and an editor of “The International Protection of Adults” (Oxford University Press), which provides comparative analysis of private international law rules relating to mental capacity law and the Hague Convention on the International Protection of Adults.
Claire is a member of the STEP Bermuda Committee. She also sits on the Bermuda Mental Health Tribunal and the Bermuda Human Rights Tribunal. She is a full member of STEP and a member of the Chancery Bar Association. Claire was also called to the Bermuda Bar in 2022 and is a Partner in the Dispute Resolution team at Appleby in Bermuda.
Claire is ranked by Chambers and Partners High Net Worth 2024: Offshore Trusts Directory and is also featured in Tier 1 of the Private Client Global Elite Directory, which is a respected global directory of the world’s top private client and trusts and estates litigation talent. She is also ranked by Chambers & Partners (UK Bar) and Legal 500 (UK) for her expertise in mental capacity law.
MN v OP & Ors [2019] EWCA Civ 679
Here the Court of Appeal handed down guidance on anonymity in applications under the Variation of Trusts Act 1958. Claire was appointed by the Attorney General as advocate to the court.
Parsonage (acting as personal representative in the estate) v Parsonage & Ors [2019] EWHC 2362 (Ch)
A challenge to the validity of a will on the basis of testamentary capacity and lack of knowledge and approval. Claire successfully represented the executor of the estate.
Edgar Harrison, YY and ZZ v Ava Vidal [2018] EWHC 2738 (Civ)
Application under the inherent jurisdiction and s.116 of the Senior Courts Act 1981 to remove the biological mother’s entitlement to personal representative status under r.22 of the Non-Contentious Probate Rules 1987. Claire successfully represented interested family members.
Various Incapacitated Persons and the Appointment of Trust Corporations as Deputies [2018] EWCOP 3
The COP set down important guidance for trust corporations that apply to be appointed as deputy for incapacitated persons. Claire was instructed by the Public Guardian.
Re the estate of Baldev Kohli (deceased) (2018)
Claire advised the executor of the estate in this domicile dispute brought under the 1975 Act by the claimed child of the deceased.
Kebbeh v Farmer & Ors [2015] EWHC 3827 (Ch)
1975 Act claim involving a domicile dispute (UK/Gambia) and recognition of an Islamic divorce carried out in the Gambia. Claire successfully represented the executor of the estate.
News 9 Feb, 2021
Claire van Overdijk KC is regulated by the Bar Standards Board (BSB) and holds a current practising certificate. If you are not satisfied with the service provided, please click here.
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