Trusts, probate and estates: non-contentious

Trusts, probate and estates: non-contentious

Wilberforce Chambers has a history of excellence in the field of private client work. Our specialist team of barristers assist private individuals, trustees, and beneficiaries in the range of technical areas listed below:

• Non-contentious litigation such as applications under the Variation of Trusts Act 1958, under section 57 of the Trustee Act 1925, section 48 of the Administration of Justice Act 1985 and applications by trustees or personal representatives for permission to administer on certain footings;
• Drafting of trusts, wills and supplemental documentation such as appointments, advancements,  deeds of variation, indemnities and releases;
• Advice on technical questions relating to trusts and estates such as perpetuities and accumulations, the treatment of income under section 31 of the Trustee Act 1925, uses of statutory and express powers of advancement, the operation of engrafted trusts and questions regarding reversionary interests; and
• The tax treatment of trusts and estates, including inheritance tax and related capital gains tax, income tax and SDLT issues.
• Advising on conflict of laws questions relating to trusts and estates where there is a foreign element.
• Advising, undertaking drafting and appearing in non-contentious proceedings concerning trusts and estates in foreign jurisdictions whose systems of law are based on English law principles, as well as providing UK tax advice in relation to trusts and estates in offshore jurisdictions.

Rankings and recognition

Wilberforce is ranked as a tier 1 set in Chambers & Partners and The Legal 500 for Traditional Chancery and Private Client (Trusts & Probate) work.

Chambers & Partners 2023: Wilberforce Chambers has an impressive group of barristers who handlex complex disputes surrounding trusts and estates, often relying upon multi-jurisdictional knowledge of the law. “The set is at the top of its game,” comments a source, who continues: “It has a huge breadth of expertise and its barristers are a lively, entertaining bunch. The set is well run, responsive and a pleasure to work with.” “The responsiveness from both counsel and the clerks room is excellent. All barristers who I have instructed have been very user-friendly and accessible. Likewise the service from the clerks room is the best I have experienced; they are always on hand to field enquiries and to assist wherever they can,” reports an interviewee.

The Legal 500 2023: Wilberforce Chambers is ‘an eminent name when it comes to handling trusts and probate disputes’ and has ‘impressive strength in depth, from silks down to the most junior advocates’. Gilead Cooper KC is well known for his ‘fine intellect and persuasive manner’ and specialises in contentious property and trusts, Chancery and commercial litigation. Brian Green KC is ‘equally brilliant in contentious and non-contentious cases’ and is currently in Re HK Family Trust case, acting on behalf of a major bank in £450m proceedings concerning alleged breach of trust and consequential issues. Rising star Joseph Steadman is an ‘unbelievably bright junior’ whose trusts and probate practice encompasses various contexts, including commercial fraud, asset-tracing, divorce, and relationship breakdown.

The Legal 500 Bar Awards 2022: Wilberforce wins Chancery Set of the Year

Chambers Bar Awards 2022: Clare Stanley KC wins Chancery Silk of the Year

Chambers Bar Awards 2021: Thomas Grant KC wins Chancery Silk of the Year

Chambers High Net Worth Awards 2020: Wilberforce wins of Set of the Year

The Legal 500 Bar Awards 2020: Wilberforce wins Private Client Set of the Year

Chambers Bar Awards 2018: Wilberforce wins Chancery Set of the Year

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