News & Events

Private Client & Trusts

The impact of COVID-19 on Lasting Powers of Attorneys

Private Client barristers Claire van Overdijk and Alex Cisneros consider the benefits and challenges of creating a Lasting Power of Attorney during the current COVID-19 pandemic. So much has changed in the last few weeks and the legal industry is no exception. Claire and Alex provide guidance on what can be done during COVID-19, taking examples from other jurisdictions where witnessing LPAs by video link has been permitted through emergency laws. They explore where LPAs developed from and how the legal conceptualisation of substituted decision has been codified in various statutory materials. They also look at two requirements for making an LPA where mistakes are often made; providing a certificate and witnessing signatures. Finally, the article considers business LPAs as…

Covid-19, News, Private Client & Trusts during Covid-19 22 Apr, 2020

Will-Making in Difficult Circumstances: How to Comply With Formal Validity Requirements

David E Grant and Gabor Bognar consider the challenges of making a formally valid will in difficult circumstances, such as those which may arise from the current coronavirus (COVID-19) pandemic. When one perceives a greater-than-usual risk of their near-term demise, the mind turns more readily to will-making. So it appears in the present pandemic, during which UK will-writers have reportedly experienced a substantial increase in client enquiries. David E Grant and Gabor Bognar have written an article considering the challenges of making a formally valid will in difficult circumstances, such as those which may arise from the current coronavirus (COVID-19) pandemic. Legislative requirements and the burden of proof Their article explains the rigorous formality requirements of English law for the…

Covid-19, News, Private Client & Trusts during Covid-19 16 Apr, 2020

Claire van Overdijk has been appointed as a Presiding Judge for the 2020/21 STEP Private Client Awards

Claire van Overdijk has been appointed as a Presiding Judge for the 2020/21 STEP Private Client Awards. She has joined the panel of 21 judges from around the world who are each recognised as experts and leaders in their own fields and together span the international legal, accountancy, financial advisory and fiduciary sectors. Now in its 15th year, the STEP Private Client Awards are seen as the hallmark of quality within the private client industry. Open globally to both STEP members and non-members, they recognise and celebrate excellence among private client solicitors, lawyers, accountants, barristers, bankers, trust managers and financial advisors. Outer Temple Chambers won “Chambers of the Year” at the 2018/2019 Awards, and Claire van Overdijk was shortlisted as…

News 4 Feb, 2020

David Russell QC listed in the 2019 edition of Legal Week’s Private Client Global Elite Directory

We are delighted to announce that David Russell QC has been listed in the 2019 edition of Legal Week’s Private Client Global Elite Directory. David is one of only 13 silks recommended in the Private Client category. The listing, published by Legal Week, serves as a highly respected global directory of the world’s top private client, trusts and estates litigation talent, as well as rising stars within the industry. The directory is used by the legal community looking for referrals, family offices and professional advisers. David currently practises in Dubai, London, New York and Abu Dhabi at Outer Temple Chambers. David has had a stellar year completing and implementing the DIFC’s Wealth Management Review, including enactment of new Foundations and Trust…

News 13 Sep, 2019

Claire van Overdijk successful in High Court testamentary capacity challenge

Claire van Overdijk successfully represented Ian Parsonage in Parsonage (acting as personal representative in the estate) v Parsonage & Ors [2019] EWHC 2362 (Ch), which involved a challenge to the validity of the last Will of Beryl Parsonage, a former matron, who died in 2015 at the age of 86. Mrs Parsonage had indicated in her last Will a wish to divide her estate equally between her children and revoked an earlier will drawn up in 2010.  Duncan Parsonage challenged the validity of the last Will on the grounds of testamentary capacity and lack of knowledge and approval, and argued that the earlier 2010 Will should be admitted to probate. This would have left him close to half a million pounds…

News 11 Sep, 2019

Advocate of the Year – Claire van Overdijk shortlisted in 2019/20 STEP Private Client Awards

We are delighted to announce that Claire van Overdijk has been shortlisted in the 2019/20 STEP Private Client Awards ‘Advocate of the Year’ category. Award  winners will be announced at the black-tie dinner and awards ceremony, hosted by a celebrity speaker, on 25th September 2019 at the Park Plaza Westminster Bridge Hotel, London, UK. Claire van Overdijk serves as Deputy Chair of the STEP Mental Capacity Global SIG Steering Committee, Secretary of the Court of Protection Barristers Association, and a committee member of COPPA (London).

News 17 Jun, 2019

Outer Temple welcomes “seasoned legal gladiator” Elaine Palser

Outer Temple welcomes Elaine Palser who joins us as a new member of Chambers this week. Elaine has an extensive commercial and chancery practice, with a strong emphasis on contentious probate, trusts, insolvency, and related professional negligence. Ranked in several independent legal directories, Elaine is described as: “an excellent advocate”, “technically superb”, “very good with clients”, “a team player”, and “a seasoned legal gladiator” (Legal 500). Elaine is recommended as a Leading Junior for Insolvency and Private Client: Trusts and Probate. She has won several awards, including: Contentious Trusts and Probate Lawyer of the Year 2016 and 2017 (Women in Law awards) and Commercial Disputes Barrister of the Year 2015 (the Lawyer Monthly awards). With degrees in both law and…

News 3 Jun, 2019

Court of Appeal hands down important guidance on anonymity in variation of trust applications

The Court of Appeal has recently handed down important guidance on anonymity in applications under the Variation of Trusts Act 1958 in the case of MN v OP & Ors [2019] EWCA Civ 679, in which Claire van Overdijk was appointed by the Attorney General as advocate to the court. The Court held that the default position is that set out in V v T [2014] EWHC 3432 (Ch) and there should not be a departure from the court’s general approach to the issue of anonymity for applications under the 1958 Act. While the court’s jurisdiction, under the 1958 Act, like that in approval hearings, was a protective and enabling jurisdiction, that position should not be overstated as the instant…

News 3 May, 2019

Equity in an Age of Uncertainty: Big Data, Confidentiality & Fiduciary Liability

David Russell QC Deputy Chair of STEP Worldwide, was invited to present The QUT (Queensland University of Technology) Faculty of Law 18th Annual W A Lee Equity Lecture last week in Queensland, Australia. The W A Lee Equity Lecture is held yearly in honour of foremost equity and trusts academic and author Honorary Professor W A ‘Tony’ Lee. Abstract As trusts are increasingly used as commercial and wealth management vehicles, they are becoming subject to regulation which is drafted without consideration of the specific needs of trusts and those connected with them. At the same time, there is an increasing disconnect between fiduciary principles and public behaviour in the political and corporate realms. During his lecture, David highlighted a number…

News 28 Nov, 2018

Outer Temple Chambers wins prestigious STEP Private Client Award

Outer Temple Chambers has won the Chambers of the Year category at the STEP Private Client Awards, which took place last night in London. 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. All entries go through a rigorous, practitioner-led judging process to select the best in the industry. The Chambers of the Year category had a strong set of finalists, with Outer Temple Chambers beating New Square Chambers, Old Square Tax Chambers, St John’s Chambers, and Wilberforce Chambers to the prize. The Judges said: ‘This modern, progressive chambers delivers a fresh and innovative approach to staff and clients. In particular…

News 8 Nov, 2018

Delighted to be finalists for the 2018/19 STEP Private Client Awards

Outer Temple Chambers is proud to have been shortlisted in the category of ‘Chambers of the Year’ at the 2018/19 STEP Private Client Awards. A winner will be nominated for each category and all winners will be announced at the awards ceremony on the 7th November 2018. We congratulate our barristers in the Private Client team for this great achievement and wish them the best of luck.

News 6 Aug, 2018

Private Client Global Elite 2018 – David Russell AM QC

We are pleased and proud to announce that David Russell QC has been listed for the second year running in ‘The Private Client Global Elite 2018’ published by Legal Week. The Private Client Global Elite 2018 publication is the list of the world’s elite lawyers advising Ultra High Net Worth (UHNW) clients. Launched in 2017, it continues to serve as a valuable reference tool and directory for all clients and peers looking for the leading advisers, talent and rising stars in the trusts and private client world. An official gala dinner in London this autumn will highlight and recognise the achievement, excellence and success of the 250 Global Elite trust and private client lawyers worldwide. For more information please click here. David Russell, AM, QC…

News 19 Jul, 2018

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