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Claire van Overdijk

Claire van Overdijk

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Claire van Overdijk is a specialist private client and public law barrister. She is described as a “very versatile, experienced and persuasive advocate” and was shortlisted as “Advocate of the Year” at the 2019/2020 STEP Private Client Awards.

Owing to her expertise in private international law, Claire is also recognised as an expert in jurisdictional issues both in the public law and private client fields, and is described as “exceptional in cases involving complex overlapping issues of jurisdiction, finance, or particularly difficult family dynamics.”

Private Client

Claire’s private client practice includes contentious probate, trust disputes, claims under the Inheritance (Family and Dependants) Act 1975 Act, administration of estates, and removal of personal representatives. Owing to her expertise in private international law, her practice frequently extends to advice in relation to cross border disputes concerning trusts, estates, foreign succession and domicile.

Claire also has extensive experience in mental capacity law, is recognised as a leader in the property & affairs jurisdiction of the Court of Protection and is described as “go-to counsel for international mental capacity matters”.

Notable recent cases include:

  • 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.

Appointments & Memberships

  • Equality and Human Rights Commission Panel Counsel- A Panel
  • Attorney General Civil Panel Counsel- B Panel
  • Court of Protection Bar Association- Secretary
  • Court of Protection Practitioners Association- London Committee
  • STEP Mental Capacity Global SIG Steering Committee- Deputy Chair
  • Society of Trust and Estate Practitioners – full member
  • Chancery Bar Association
  • Administrative Law Bar Association- member


  • Court of Protection Practice (LexisNexis), co-editor: annual publication; leading text for practitioners and the judiciary.
  • The International Protection of Adults (Oxford University Press), co-editor: comparative analysis of private international law rules relating to mental capacity law and the Hague Convention on the International Protection of Adults.
  • Mental Capacity Law and Practice (LexisNexis), co-editor.


  • 2014- 2018: Part-time member of University College London, Faculty of Law teaching in private international law (LL.M)


  • Portuguese
  • Spanish

Claire van Overdijk 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.

Areas of Law


“She does a very good job for her clients and often undertakes really high-profile work.” Property & Affairs, Chambers and Partners 2020

“She’s very pragmatic and has an excellent grasp of both Court of Protection and trusts-related matters.” Property & Affairs, Chambers and Partners 2020

“A very versatile, experienced and persuasive advocate.” Health & Welfare, Chambers & Partners 2020

“She’s really smart and is an expert in jurisdictional issues.” Health & Welfare, Chambers & Partners 2020

“She is exceptional in cases involving complex overlapping issues of jurisdiction, finance, or particularly difficult family dynamics.” Health & Welfare, Chambers & Partners 2020

“Cool under pressure, she is tenacious in her cross-examination and will not give up on the points that matter – someone you definitely want in your corner.” Court of Protection, Legal 500 2020

“She’s a tenacious advocate who certainly holds her ground in court and isn’t afraid to make difficult points.” Health & Welfare, Chambers & Partners 2019

“A go-to counsel for international mental capacity matters, she has a really good practice and she really knows her stuff.” Property & Affairs, Chambers and Partners 2019

“She’s very responsive, reliable and practical.” Property & Affairs, Chambers and Partners 2019

“She responds to a huge amount of emails and manages her workload really well. In terms of her actual work, I send her to court and can leave her to it, she’s completely independent. I have seen her cross examine and she is completely fearless.” Health & Welfare, Chambers & Partners 2018

“She has a sharp mind, her preparations are excellent and she is patient with lay clients.” Property & Affairs, Chambers and Partners 2018

“Noted for having a broad Court of Protection practice and being strong on mental capacity issues generally. As well as having a strong practice, she has published a number of texts relating to the Court of Protection.”
Health & Welfare, Chambers & Partners 2017

“She’s very good, very approachable, very friendly and willing to provide advice outside of cases.”
Health & Welfare, Chambers & Partners 2017

“Has a practice that encompasses both property and affairs and health and welfare matters. She acts for a range of clients, such as individuals, local authorities, the Official Solicitor and financial deputies. She is well known for her work in cases concerning statutory wills, gifts, trusts and disputed deputyships.”
Property & Affairs, Chambers and Partners 2017

“She’s very calm. We had an aggressive opponent, but Claire was very professional and a very good advocate.”
Property & Affairs, Chambers and Partners 2017


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