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Elaine Palser acts for successful Inheritance Act claimants in the High Court

Elaine Palser, instructed by Tees Solicitors, acted for the successful claimants in R Deceased [2021] EWHC 936 (Ch). The claim was brought by two minor children for reasonable financial provision from their father’s estate under the Inheritance (Provision for Family and Dependants) Act 1975. The children were 14 and 15 when their father died, and they had been estranged from him for several years before his death.  Their father had also failed to pay any maintenance for them during the estrangement, with the children instead relying entirely on their mother and stepfather. In his will, the father left his entire estate to his new partner and his parents, and nothing to his children.  The partner and parents denied that there…

News 19 May, 2021

David Russell QC listed in the Global Elite Directory 2021

We are delighted to announce that David Russell QC has been selected for the Global Elite Directory 2021 in conjunction with Legal Week International. The Global Elite Directory is the list of the world’s most respected lawyers advising UHNW clients, all of whom have been recommended by their peers in the industry. 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. Launched in 2017, the Private Client Global Elite serves as a highly respected global directory of the world’s top private client and…

News 16 Feb, 2021

Claire van Overdijk appointed Chair of the STEP Mental Capacity Global Special Interest Group and as Presiding Judge of the STEP Private Client Awards

Claire van Overdijk has been appointed as Chair of the STEP Mental Capacity Global SIG Steering Committee and also as a Presiding Judge for the 2021/22 STEP Private Client Awards. Established in 2010, the Mental Capacity Global Special Interest Group focuses on the increasing importance and relevance of issues concerning capacity in all aspects of legal work relating to inheritance and succession planning. The group keeps members up to date with developments and encourages involvement in debates on current issues. Claire van Overdijk has been appointed as a Presiding Judge for the 2021/22 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…

News 9 Feb, 2021

What is the scope of remedy following Auden McKenzie (Pharma Division) Limited v Amit Patel?

Jennifer Seaman has been published in the STEP Journal and the Trust Quarterly Review (TQR) for her article on the remedy of equitable compensation following the England and Wales case of Auden McKenzie (Pharma Division) Limited v Amit Patel. Auden McKenzie (Pharma Division) Limited v Amit Patel is a case of interest to common-law lawyers who understand that trusts can be used as a form of restitution and compensation. In England and Wales, equitable compensation is awarded to make good a loss caused by the breach of an equitable duty. Equitable compensation is different from a proprietary remedy and a personal remedy to reverse an unjust enrichment. It is more akin to common-law damages, but there are variances in assessment.…

News 12 Jan, 2021

Private Client Webinar: Will Making, LPAs, Remote Hearings and Mediation During Lockdown

Members of Outer Temple’s Private Client Team explore how remote working has affected the area of law and the way in which they practice. David Grant, Patrick Tomison, Claire van Overdijk, Alex Cisneros, Elaine Palser and Elizabeth Grace present in this Private Client Webinar. David Grant and Patrick Tomison discuss Will Formalities. They discuss: Why the question of formalities is relevant now. What the requirements of the Wills Act 1837 are, specifically s9 The Law Commission Report, Making a Will (Consultation Paper 231, 13/07/2017) in particular, Chapter 1 The effect of the English Authorities How one approaches the correction of statute – “always speaking” Judicial attitudes Practically, what can we do to mitigate the risk of formal invalidity Thoughts to the…

Webinars & Recordings 9 Jul, 2020

Webinar – MEASA private wealth opportunities during uncertain times

Enabling legal structures that protect and grow wealth. Join David Russell QC, Vistra and DIFC on 13th May for a webinar on private wealth opportunities in the Middle East. Middle East, Africa and South Asia (MEASA)  remains a top 3 global region for growth of private wealth after APAC and Latin America. Over $3T of private wealth and $3T of sovereign capital is available in the GCC alone. By 2023, the UNHW population in UAE is expected to grow by 15%. Demand for personal and family wealth continues to grow rapidly yet wealth management remains underpenetrated with a disproportionate amount of wealth still held in bank deposits. The DIFC has become one of the largest wealth centres between Europe and…

Events 11 May, 2020

Coroners and COVID-19 – the guidance and the process

The Chief Coroner has recently published a series of guidance notes to advise coroners on dealing with COVID-19 related deaths. Carin Hunt summarises the advice and the process to be followed by medical practitioners where a death has been caused by this coronavirus. On 26 March 2020, the Chief Coroner published guidance (no 34) for all coroners in England and Wales on the approach to be taken to COVID-19. This was followed on 27 March 2020 by guidance (no 35) which deals specifically with hearings during COVID-19. In guidance (no 36), published on 30 March 2020, the Chief Coroner summarised the provisions of the Coronavirus Act 2020 which are relevant to coroners, including those which modify statutory provisions relating to…

Covid-19 29 Apr, 2020

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 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 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

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