Outer Temple "adopts an ‘innovative’ approach and is ‘the perfect example of a modern set’".
Members of the team have extensive expertise in Private Client work. This includes family asset and governance structure planning, estate planning, probate, inheritance disputes, the administration of estates and trust disputes. They receive instructions to advise, conduct proceedings and draft documents (for both contentious and non-contentious work) in these areas.
Particular areas of work include the following:
- Contentious probate disputes concerning the validity of wills on the grounds of lack of capacity, want of knowledge and approval and undue influence.
- Disputes arising in the context of obtaining probate of a will.
- Disputes in the administration of estates.
- Fiduciary duty claims by commercial co-venturers and employers.
- Claims under the Inheritance (Provision for Family and Dependants) Act 1975 and corresponding international provisions.
- Disputes concerning the interpretation of wills and trusts and rectification.
- Issues around the powers and duties of trustees.
- Variation of trusts and applications to extend trustee powers under s.57 Trustee Act 1925.
- Re Beddoe and Benjamin orders on behalf of trustees. Trusts of land (including proprietary estoppel claims), Charitable trusts.
- Claims for North Shore Ventures disclosure orders relating to offshore trusts.
- Claims against personal representatives and trustees.
- Advising on trusts in the context of large personal injuries awards following OH v Craven.
- Advising on and acting in cases involving wills and trusts which have a foreign element, including giving expert evidence of English and foreign law.
Private Client Barristers
Our barristers have also appeared in some of the leading cases in the Private Client field such as Marley v Rawlings  UKSC 2 (the leading Supreme Court case on the validity, construction and rectification of wills) and Futter v HMRC  UKSC 26 (the leading Supreme Court case on the existence and limits of the principle known as the rule in Re Hastings-Bass and the law of equitable mistake). We have a number of barristers who hold key appointments and memberships, and are highly regarded in the private client field:
- David Russell QC is Deputy Chair of STEP Worldwide, inaugural Chair of STEP’s International Client Special Interest Group (2015-2018), a member of the Worldwide Council and former Chair of STEP Australia. He is also a member of Legal Week Private Client Global Elite and Chair of the DIFC Wealth Management Review Working Group. David co-edits the Oxford University Press publication Trusts & Trustees.
- Teresa Peacocke is a member of STEP and ACTAPS and an experienced mediator in trust and probate disputes.
- Elaine Palser is a member of STEP, ACTAPS and CONTRA, is a former lecturer in Trusts at Oxford University, and a CEDR-accredited mediator. She is recommended as a Leading Junior for Private Client (Probate and Trusts), and was named Contentious Trusts and Probate Lawyer of the Year in the 2016 and 2017 Women in Law Awards.
- Claire van Overdijk is a member of STEP, a correspondent for the Private Client Business Journal (Sweet & Maxwell) and sits on the STEP Mental Capacity Global SIG Steering Committee.
- Jennifer Seaman is a member of ACTAPS and a STEP Affiliate Member and is recognised as being “particularly knowledgeable on trustee powers” (Chambers and Partners, 2018).
Outer Temple Chambers won the Chambers of the Year category at the STEP Private Client Awards 2018/19. Held by STEP, the worldwide professional association for those advising families across generations, the Awards are highly regarded as a celebration of excellence across the private client world.
Our practitioners undertake private and charitable trust work for individuals and trustees, often in the cross-border / international context (whether in Dubai, Guernsey, Caribbean or US jurisdictions), and our foreign associates in France, Russia, US and UAE are able to advise on Private Client matters. Some of our practitioners also have expertise in Islamic law.
Our Private Client Barristers
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