Alexander Learmonth KC

Described in the directories as a “leading exponent of every aspect of the law of succession and trusts” Alexander is ranked for private client work by Chambers UK Bar as a Tier 1 Silk, as well as by Chambers High Net Worth, Chambers Global, by Legal 500 and Who’s Who Legal.  He was named Advocate of the Year in the 2020 STEP Private Clients Awards, having been awarded ‘Contentious Barrister of the Year’ by ACTAPS in 2015.

His practice includes:

• Contentious probate, including formalities testamentary capacity, knowledge and approval, undue influence and forgery
• Interpretation, rectification and variation of wills and trusts
• Rescission of the exercise of trustees’ powers and lifetime transactions for mistake, undue influence etc.
• High-value claims for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, including claims against discretionary will trusts, and spouse claims assigned to the Family Division.
• Complex trust and estate administration issues, including Beddoe orders, Public Trustee v Cooper applications etc.
• The removal of trustees or executors/ administrators,
• Mutual wills, secret trusts, donatio mortis causa, ademption, double portions
• Proprietary estoppel claims and constructive trusts.
• Charity issues, including legacies, land ownership and unincorporated associations.
• Professional negligence claims relating to the above areas.

The majority of cases are of course resolved confidentially, whether in Court or by negotiated settlement, but his reported English cases in the area over the last decade include:

• Marley v Rawlings [2014] UKSC 2, the first and only probate case ever in the Supreme Court, on rectification of wills, and the important costs decision resulting [2014] UKSC 51.
• Sangha v Sangha [2023] EWCA Civ 660,  in a Court of Appeal case on revocation clauses.
• Hudson v Hathway [2022] EWCA Civ 1648, on the requirements for a common intention constructive trust and electronic signatures.
• Brake v Chedington Court Estate Ltd [2022] EWCA Civ 1302, on the rights of a beneficial owner to possession of residential property.
• Baines v Dixon, Coles & Gill [2021] EWCA Civ 1211, a claim against the insurer of an executor who stole the estate’s money, on the issue aggregation of claims under the policy.
• Price v Saundry [2019] EWCA Civ 2261, reversing an unjust costs order following the successful taking of an account [2019] EWHC 496 (Ch).
• Bradbury v Taylor [2012] EWCA Civ 1208, claiming a proprietary estoppel over a country house.
• Swain-Mason v Mills & Reeve [2012] EWCA Civ 498, a professional negligence claim in relation to tax advice, involving late amendment of the claim [2011] EWCA Civ 14
• Shirazi v Susa [2022] EWHC 2055 (Ch), removing a litigation friend who was conflicted or unsuitable to act as such.
• Brown v New Quadrant Trust [2021] EWHC 1731 (Ch), obtaining summary judgment on a Public Trustee v Cooper application before the sale of shares.
• Re Nodes deceased [2021] EWHC 1057 (Ch) rectifying a badly drafted will, where a solicitor gave unreliable evidence on the instructions.
• Re Lord Templeman deceased; Goss-Custard v Templeman [2020] EWHC 632 (Ch), resisting a testamentary capacity challenge to the law-lord’s last will, having resisted summary judgment [2018] EWHC 2261 (Ch).
• Antonio v Naib [2019] 10 WLUK 804, resisting a claim for pre-action disclosure in relation to an estate administration.
• Moursi v Doherty [2019] EWHC 830 (Ch), obtaining summary judgment on a claim to set aside a lifetime transfer for undue influence.
• Griffin v Higgs [2018] EWHC 2498 (Ch), defending a costs order from appeal following a successful claim to remove executors [2017] EWHC 2559 (Ch).
• Girish Patel v Yashwant Patel [2017] EWHC 133 (Ch), proving that a will was forged through expert forensic examination and subsequently committing the forger to prison for contempt [2017] EWHC 3229 (Ch).
• Roberts v Fresco [2017] EWHC 283 (Ch), on whether a widower’s claim for financial under the 1975 Act dies with the claimant.
• Crabbe v Townend [2016] EWHC 2450 (Ch), establishing that an agreement for the administration of a complex and contentious estate remained binding.
• Re Ashkettle; Ashkettle v Gwinnett[2013] EWHC 2125 (Ch), having a will declared invalid for lack of capacity.
• Re Pittaway; Kell v Jones [2012] 11 WLUK 507, resisting an application for rectification of a will on grounds of clerical error.

He has for several years been the editor of two of the leading Sweet & Maxwell textbooks in the private client arena – Theobald on Wills (now in its third edition under his editorship), and Williams, Mortimer & Sunnucks on Executors, Administrators and Probate (in its second edition with him as editor, the third to which he has contributed).  Alexander also contributes to the Law Society’s Probate Practitioner’s Handbook.  He regularly publishes articles, and lectures widely.

He is a full member of the Society of Trusts and Estates Practitioners (STEP), the Association of Contentious Trusts and Probate Specialists (ACTAPS) and a member of the Chancery Bar Association committee. Alexander served as a presiding judge for the 2021 and 2022 STEP Private Client Awards.

Court of Protection

Related to the above areas of practice, and given his strong interest in mental capacity issues, Alexander often appears in the Court of Protection. He regularly deals with disputes about statutory wills and codicils, the creation, revocation and use of powers of attorney and deputyships, personal injury trusts, and other best interests decisions, including cross-border issues.  Although his work is primarily focused on property and affairs matters, it has extended to personal welfare decisions, including choice of residence and alleged ‘granny-napping’.

Cases in the Court of Protection often raise highly emotive issues; Alexander’s sensitive manner with clients and sympathetic style advocacy in court is ideally suited to this work.

His recent cases have included:

• Advising major charities who were beneficiaries under the will of a woman lacking capacity, where trustees wished to exercise a power under a settlement of a large landed estate to confer a power of disposition by will on her, and ask the Court of Protection to update the will, and successfully obtaining an increased share.
• Successfully representing a deputy who was also P’s residuary beneficiary in a question as to whether her sale of his properties, specifically devised to his son by P’s will, adeemed the gifts.
• Representing the wife of an elderly and incapacitated well-known film-star in connection with his deputy’s application to obtain a statutory will and negotiating a successful resolution.
• Advising the family of an incapacitated man who has gone to live abroad with his partner, seeking to protect his assets (including chateaux and artworks), worldwide from being dissipated by the partner.
• Supply expert evidence in a criminal trial on the law relating to powers of attorney
• Providing evidence on the English law of mental capacity in proceedings in Liechtenstein.
• Advising and representing a professional deputy in claims against P’s son for diverting property belonging to P and her late husband to himself, and obtaining the Court of Protection’s approval to the compromise negotiated.

Professional Negligence

Trusts and succession matters, and related tax issues, present high risks for lawyers and their clients, and professional negligence claims in these fields are a growth area.  Wills in particular are prepared for low fees by generalist lawyers, and frequently go wrong.

Alexander is often called upon to advise both disappointed clients and their former advisers on the consequence of poorly drafted wills and badly implemented tax schemes. Such matters often involve particularly difficult questions of scope of duty and limitation.

Alexander has top-level experience in this area, having represented the Respondents in the ground-breaking decision of Marley v Rawlings (costs) in the Supreme Court, successfully obtaining a non-party order against the negligent solicitor’s insurers for his clients’ costs of the whole proceedings, and the similar issues arising in the more recent Re Nodes (deceased); Eade v Hogg.

He is also familiar with the insurance issues arising, having appeared for the claimants in Baines v Dixon, Coles & Gill [2021] EWCA Civ 1211, successfully arguing that each estate from a firm’s partner had stolen was to be considered a separate ‘claim’ for the purposes of the firm’s professional indemnity insurance.

Other professional negligence issues on which Alexander has advised and represented clients include:

• Counsel’s negligent advice about the existence of a mutual wills agreement
• A solicitor’s delay in drafting a will at the start of the coronavirus lockdown
• A will which purported to amend the terms of an existing settlement
• The drafting of a will purporting to dispose of properties rather than of the shares in the company which owned them.
• An accountants’ wrong advice as to the continuing existence or otherwise of a lifetime settlement.
• Failure to advise clients about the consequences of giving up residence in a co-owned property for the purposes of inheritance tax and various other omissions to advise on tax consequences of trust transactions.
• The drafting of an appointment in breach of the rule against perpetuity.
• A failure to spot that the forfeiture rule applied.
• A failure to advise a widow of the 6-month limitation period for claims under the Inheritance (Provision for Family and Dependants) Act 1975.

“He is an arch strategist, who has a manoeuvre for every tricky position you find yourself in. Sometimes you just have to sit back and admire people in their profession. His strategic acumen is first-rate.”

Chambers High Net Worth 2023

“Just so dynamic, he always sees an angle that improves the client’s position. He is always looking for pressure points in a case, and all his points are meritorious.”

Chambers Global 2023

“An amazing advocate and strategist, and acts with such good grace.

You wouldn’t want anyone else on your side.”

Chambers UK Bar 2023: Trusts

“He is incredible. He has some phenomenal ideas and is really innovative in a strategic way. I’ve been really impressed by the way he makes the client’s position as strong as possible.”

Chambers High Net Worth 2020: Offshore

Alexander has accumulated considerable experience of dealing with cross-border trusts and estates, having advised on disputed estates of those domiciled abroad, estates with assets in multiple jurisdictions, and on wills executed abroad or in accordance with foreign law, as well as offshore trusts.

In recent years, Alexander international cases have included:

• R Trusts (Guernsey), advising in relation to an appeal against the Deputy Bailiff’s refusal to approve a multi-million pound distribution of the trust fund.
• Advising the Monaco-court-appointed administrator of the estate of a Swedish ex-pat settlor, to recover funds from a Guernsey trust which were diverted when he is thought to have lacked capacity.
• The beneficial ownership of a Singaporean couple over joint bank account in Singapore worth $75m.
• Tax and private international law issues regarding the estate of a Guernsey resident worth £146m.
• Obtaining expedited probate of the estate of an international banker with assets worth $180m.
• Rectification of a will dealing with £150m shares after the murder of the shareholder in South America.
• The validity and revocation by marriage of wills of a multi-millionaire ex-pat living in Brazil.
• The troublesome administration of the estate of a retired solicitor who had retired to Turkish/Northern Cyprus.
• Advising and representing the family of an Indian/English/Spanish/Belgian businessman of uncertain domicile and uncertain wealth, with a claim under the 1975 Act by his unmarried partner.
• Advising on the validity of the transfer of a funds from one Swiss bank account to another.
• Assisting the partner of an Italian businessman to appoint independent administrators of his worldwide estate and a new trustee of a life assurance policy.
• Various questions as to revocation of foreign wills (Swiss/Indian) by English wills and vice-versa.

In recommending Alexander for his expertise in both Property Litigation and Agriculture, the Legal 500 comments that he has “an amazing ability to cut straight to the important points in a case and his written advice is very clear and focused”, is “a knowledgeable and well-organised advocate, who is persuasive in court” and is “proactive, insightful and intellectually outstanding”.

Many of Alexander’s reported cases, including those since taking silk, are property-law-related:

• Hudson v Hathway [2022] EWCA Civ 1648, on common intention constructive trusts of a co-owned home, and whether electronic signatures satisfy the formality requirements of the Law of Property Act 1925.
• Brake v Chedington Court Estate Ltd [2022] EWCA Civ 1302, on the rights of a beneficial owner to possession of residential property.
• Bradbury v Taylor [2012] EWCA Civ 1208, claiming a proprietary estoppel over a country house (and Alexander has advised on numerous proprietary estoppel cases since).
• Gotham v Doodes [2006] EWCA Civ 1080, establishing that no limitation period applied to a charge under s.303 of the Insolvency Act
• Green v Lord Somerleyton [2003] EWCA Civ 198, defending a claim relating to easements of drainage and the ‘rule in Rylands v Fletcher’.
• Shirazi v Susa [2022] EWHC 2055 (Ch); Moursi v Doherty [2019] EWHC 830 (Ch); Vale v Armstrong [2004] EWHC 1160 (Ch) all involving claims to set aside a lifetime transfer for undue influence.
• Park Associated Developments v Kinner [2013] EWHC 3617 (Ch), raising fiendish points on land registration
• French v Barcham [2008] EWHC 1505 (Ch), concerning a trustee-in-bankruptcy’s right to occupation rent of the bankrupt’s property.

With practical experience in all venues from the First-Tier Tribunal to the Court of Appeal, his property law practice also includes:

• Adverse possession and land registration
• Boundary disputes
• Rights of way, and other easements and freehold covenants
• Residential and business tenancies, including leasehold enfranchisement and business tenancy renewals
• Property issues arising in the context of matrimonial proceedings the Family Court.

Alexander is an accredited mediator with the International Mediation Institute, having completed a CMC-accredited course with Phoenix Dispute Solutions. He is a great believer in the power of mediation, particularly in the context of inheritance and probate disputes, and in cases between family members.

The outcome of such cases at trial is very often be hard for parties and their lawyers to predict, being highly fact-sensitive (in the case of contentious probate disputes) and dependent on the judge’s evaluation or discretion (in the case of claims under the Inheritance (Provision for Family and Dependants) Act 1975). The result at court is often wholly binary – the will is either valid or it is not – whereas the costs of a full-trial, perhaps lasting a week or more, can be huge, and often disproportionate to the amounts at stake, and with no certainty as to how they will be borne, or whether they will be recoverable in practice.

The effect of being thrown into a dispute like this is involuntarily to turn ordinary people into high-stakes gamblers, often risking more money than they can afford to lose – something they would never normally do. The process is invariably lengthy and emotionally draining, and can negatively affect the whole family.

Mediation offers parties to these disputes a way to step away from the ‘roulette wheel’ or ‘poker table’ of litigation and ‘cash in their chips’ while they still have some. Alexander has experienced many dozens of mediations, as advocate and mediator, and is able to inspire parties’ confidence in the process and set them at their ease. He is adept at helping parties to find flexible and sometimes innovative solutions to meet the parties’ needs, in ways not open to the court, very often achieving a saving in inheritance tax at the same time.

Other forms of ADR: Expert determination, Early Neutral Evaluation and private FDR

Other forms of alternative dispute resolution which Alexander can assist with include expert determination, Early Neutral Evaluation (ENE) and private FDR.

• Expert determination is often appropriate where there is a disagreement about the meaning of a will or other document, allowing that issue to be resolved by an opinion which all parties will have agreed in advance to be binding on them. This route is much cheaper and more efficient than a Court determination. And in cases where the interpretation of affects the interests of minors, unborn or unascertained beneficiaries, the opinion can be used as the basis for an application using the summary procedure under s.48 of the Administration of Justice Act 1985. Alexander has huge experience in the interpretation of wills, including having appeared in the Supreme Court in the leading case of Marley v Rawlings and editing a leading textbook on the subject, Theobald on Wills, now in its 19th edition.
• Early Neutral Evaluation is growing in popularity, and can be useful in a variety of disputes, including contentious probate or Inheritance Act cases. Where parties have markedly divergent views on the merits of the case, and feel it would be helpful to know how an independent legal expert in the field thinks the parties’ respective arguments are likely to play out at trial, Alexander can (tactfully) offer both parties an objective view. This can pave the way to a successful exchange of offers of settlement, or improve the chances of success at a later mediation.
• Financial Dispute Resolution is a procedure familiar to family practitioners, but increasingly common in other areas, in particular in Inheritance Act claims. Originally a court-led procedure, it is now often progressed privately, with an independent facilitator in place of a judge. It is somewhere between ENE and mediation, where Alexander will not merely encourage settlement but also express views on the strength of both sides’ cases, and suggest what a sensible outcome might be. It is best done after financial disclosure has taken place.

• New College, Oxford – BA Jurisprudence

• Shortlisted for Chancery Silk of the year at the Chambers UK Bar Awards 2023 (awards in November 2023)
• Advocate of the Year at STEP Private Client Awards 2020
• Shortlisted for Chancery Junior of the Year at Chambers UK Bar Awards 2019
• ‘Contentious Barrister of the Year’ in the ACTAPS awards 2015
• Lincoln’s Inn: Tancred Studentship Award and a Hardwicke Entrance Award

• Chairman of the Young Barristers’ Committee for 2009
• Bar Council from 2007-2009 and 2013-2014, sitting on Professional Practice Committee, providing guidance to the Bar on issues of professional ethics

• CBA – Chancery Bar Association (committee)
• STEP – Society of Trusts and Estates Practitioners (full member)
• ACTAPS – Association of Contentious Trusts and Probate Specialists
• BBA – Barristers’ Benevolent Association (committee)
• Ecclesiastical Judges Association

• German

• Singing (choral and operatic) – Alexander has been a part-time professional singer, has performed and recorded with several of the UK’s foremost choral groups, and performed leading roles in several operas.
• Also interested in music, theatre, gastronomy, cycling, bridge, boardgames and fungi.

“Alexander is stellar and a much-in-demand figure, which is a reflection of the quality of his work. He can come up with great ideas and is brilliant on his feet, I can’t praise him highly enough – he’s brilliant with clients and judges.” 

“Very clever, down to earth and personable. Alexander provides excellent advice.”

Chambers UK Bar 2024 – Trusts; Band 1

“A rising young silk with a leading practice which will elevate him further in future years.” 

“He’s attentive, easy to deal with and on top of all the detail.” 

“The breadth and depth of his knowledge are second to none.” 

“An incredible counsel.”

Chambers UK Bar 2024 – Chancery: Traditional; Band 2

“Alexander is an excellent technical lawyer and brilliant strategic thinker.”

“His knowledge of this area is extremely good.”

“He is a good barrister and a clear advocate.”

Chambers UK Bar 2024 – Court of Protection: Property & Affairs; Band 3

“Alexander can digest and fully understand the brief thoroughly and quickly. He can succinctly set out his reasoning to clients whilst always remaining contactable. He is friendly, courteous and professional.”

Legal 500 UK Bar 2024 – Private Client: Trusts & Probate; Tier 3

“Alexander is a clever, focused and great barrister.”

Legal 500 UK Bar 2024 – Court of Protection & Community Care; Tier 3

“Very good analytical skills and excellent at managing very difficult emotional clients and a great asset at mediation.”

Legal 500 UK Bar 2024 – Property Litigation; Tier 4

“He is an arch strategist, who has a manoeuvre for every tricky position you find yourself in. Sometimes you just have to sit back and admire people in their profession. His strategic acumen is first-rate.”

Chambers UK Bar 2023 – Chancery: Traditional

“He’s an amazing advocate and strategist, and acts with such good grace. You wouldn’t want anyone else on your side.”

Chambers UK Bar & High Net Worth 2023 – Trusts

“He’s an amazing advocate and strategist, and acts with such good grace. You wouldn’t want anyone else on your side.”

Chambers UK Bar & High Net Worth 2023 – Chancery: Traditional

“He is able to grapple with complicated facts quickly and advise at short notice.”

“Alexander is stellar and a much-in-demand figure, which is a reflection of the quality of his work. He can come up with great ideas and is brilliant on his feet, I can’t praise him highly enough – he’s brilliant with clients and judges.”

Legal 500 Caribbean Guide 2023 – The English Bar Offshore

“Alexander has clear thinking, is proactive and has great advocacy and cross-examination skills.”

Legal 500 UK Bar 2023 – Private Client: Trusts & Probate

“A persuasive advocate with fantastic technical expertise, who displays great attention to detail. He presents well to clients, and is quick to identify their objectives and find an approach tailored to them.”

Chambers UK Bar 2022 – Chancery: Traditional

“Just so dynamic, he always sees an angle that improves the client’s position. He is always looking for pressure points in a case, and all his points are meritorious.”

Chambers UK Bar 2022 – Trusts

“Alex’s recent appointment to Silk shows that he is really an outstanding barrister. He is excellent with clients because he is incredibly bright but also an arch-strategist. He is very user friendly and always willing to help out.”

Legal 500 UK Bar 2022 – Private Client: Trusts & Probate

“A really wise head and assured voice for clients.”

“He is able to grapple with complicated facts quickly and advise at short notice.”

Legal 500 UK Bar 2022 – Offshore

“A persuasive advocate with fantastic technical expertise, who displays great attention to detail. He presents well to clients, and is quick to identify their objectives and find an approach tailored to them.”

Chambers UK Bar 2022 – Chancery: Traditional

“Just so dynamic, he always sees an angle that improves the client’s position. He is always looking for pressure points in a case, and all his points are meritorious.”

Chambers UK Bar 2022 – Trusts

“Really, really good on his feet and never afraid to take out-there points of law.” Both “very technical and very pragmatic”, he “always gives such sensible advice and comfort to clients.”

Chambers UK Bar 2021 – Chancery: Traditional

“Is an excellent trial lawyer, cerebral but assertive and takes the judge with him – he is a true team player who rolls up his sleeves.”

Legal 500 UK Bar 2020 – Private Client: Trusts & Probate; Tier 1

“He has an amazing ability to cut straight to the important points in a case and his written advice is very clear and focused.”

Legal 500 UK Bar 2020 – Agriculture; Tier 2

The “outstanding” Alexander Learmonth of New Square Chambers is considered a “star junior at the bar” who is “fantastic in cross-examination in particular”.

Who’s Who Legal – 2020

“Is recognised as a true specialist in this area.”

“He has an excellent eye for detail and truly adds value. Alexander is also a commanding advocate and is a match for most silks on his feet.”

“He is incredible. He has some phenomenal ideas and is really innovative in a strategic way. I’ve been really impressed by the way he makes the client’s position as strong as possible.”

Chambers High Net Worth 2019 – Chancery: Traditional; Band 1

“Never falters and is a man you can have total confidence in.”

“Up there with the best, he is someone you need if you’re faced with a very tricky matter.”

Chambers UK Bar and Global 2019 – Trusts; Band 1

“Has incredible control and focus, and takes a highly strategic approach to his cases.”

“If you need someone with imagination and a bit of ‘outside the box’ thinking, he can be very useful.”

Chambers UK Bar 2019 – Chancery: Traditional; Band 2

“Fantastically clever; He is a very good advocate and exceptional on his feet.”

Chambers UK Bar 2018 – Chancery: Traditional

“He has a very good client manner coupled with real intellect, strategic awareness and a desire to win.”

Legal 500 UK Bar 2017 – Private Client: Trusts & Probate