In Re LMS [2020] EWCOP 52, James acted successfully in an application to execute a deed of variation of a will. The application, which was contested by the Official Solicitor, succeeded in creating a disabled person’s trust under which a beneficiary’s entitlement to benefits was preserved.
James is frequently instructed in claims involving the interpretation of, or challenges to, wills and trusts; advice for, or the removal of, personal representatives; issues of capacity, calumny, and undue influence; claims under the 1975 Act; and associated professional negligence.
James’ current instructions include a claim involving several Guernsey and BVI trusts and an offshore shell company, an action to trace significant sums misappropriated from a circa £2 million trust, and numerous claims under the 1975 Act.
His recent instructions include acting for the trustees of a major charitable trust in a tender dispute, advising on interpretation and taxation issues in a circa £6.5 million estate, and acting for an administratrix in a bigamous marriage dispute involving at least three wives of an intestate deceased.
James’ experiences in pupillage included the following:
- An application for removal of executors and subsequent costs appeal with Alexander Learmonth – Griffin v Higgs [2018] EWHC 2498 (Ch);
- A committal for will forgery with Alexander Learmonth – Patel v Patel [2017] EWHC 3229 (Ch); and
- A dispute involving the will of a former law lord with Alexander Learmonth – Goss-Custard v Templeman [2018] EWHC 2476 (Ch).
James appears in the Court of Protection and the Family Court on trusts and estates cases.
James has written for the Trusts and Estates Law & Tax Journal, Today’s Wills and Probate, and the New Law Journal.