Graham Stott

Year of Call: 2016
Email Address: graham.stott@3pb.co.uk
Telephone: 0121 289 4333

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Overview

Graham Stott is a former solicitor (2001) and a Notary Public (2007), having worked in high street, City, regional and national firms of solicitors.  Graham is also a former soldier and officer who has attended the Royal Military Academy Sandhurst.

Graham is experienced in the drafting of wills, codicils, trust documents and powers of attorney, disputed wills, contentious probate, intestacy, trust disputes, Inheritance Act claims, TOLATA, proprietary estoppel, equitable accounting, Court of Protection, and matrimonial finance, particularly involving trusts and third party interests.

Whilst a solicitor, Graham acted for HNW individuals, company directors, entrepreneurs, non-domiciled/non-resident individuals, PRs, trustees and elderly/vulnerable clients.

Graham also has experience working with wealth preservation teams from national firms of accountants, private banks and the private wealth divisions of high street banks in wealth preservation and succession planning. Graham has acted as an enduring/lasting attorney, a professional executor and a professional trustee.

Graham’s practice includes advisory, drafting, advocacy as well as the conduct of litigation.

He is the author of several practice notes for LexisPSL Private Client.

Matrimonial Finance

  • Applications for a financial remedy including business or partnership assets, pensions, pre-acquired assets, post-separation accrual, short marriages, Barder events
  • Applications for maintenance pending suit/interim periodical payments and legal services payment orders
  • Advising trustees on the disclosure of trust documents and trust accounts, the validity or constitution of trusts, sham and applications to set aside
  • Advising interveners and establishing beneficial interests in matrimonial assets.

Inheritance Act

  • Acting for claimant spouses, cohabitants, dependents and adult children as well as defendant PRs and defendant beneficiaries
  • Applications for an extension of time to submit claims and for interim orders
  • Applications for orders giving effect to compromise agreements to obtain favourable tax treatment
  • Applications for orders against the recipient of monies gifted during the lifetime of the deceased under the anti-avoidance provisions in I(PFD)A 1975
  • Advising on lifetime planning in anticipation of post-death claims by adult children or former spouses.

Trusts of Land

  • Claims concerning joint owners or sole owners to establish beneficial interests under constructive trusts or resulting trusts
  • Claims for equitable accounting as to expenditure and profits or for equitable exoneration
  • Actions founded in proprietary estoppel.

Court of Protection

Graham has extensive experience in the Court of Protection both pre and post MCA 2005, predominantly property and financial affairs but also best interests decisions in relation to residence and contact.

  • Applications for registration or revocation of enduring powers of attorney and lasting powers of attorney, as well as the capacity to create a lasting power of attorney
  • Applications for the appointment of deputies and the proper exercise of the powers of a deputy
  • Applications for the removal of an attorney following disagreement amongst attorneys
  • Applications to sell/purchase property on behalf of P including drafting the appropriate declaration of trust to protect P’s interest in property
  • Applications for statutory Wills and Codicils including to provide for a pecuniary legacy to avoid post-death claims by cohabitants or dependants under I(PFD)A 1975
  • Applications for statutory gifts for estate planning and IHT mitigation including applications to transfer funds from the Court Funds Office into a trust
  • Urgent applications including to appoint interim property & financial affairs deputies and obtaining freezing orders over P’s UK assets to protect from financial abuse
  • Advising on jurisdiction and the recognition of foreign protective measures under Sch 3 MCA 2005.
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Academic qualifications

  • LLB (Hons)
  • Post-Graduate Diploma in Legal Practice
  • Post-Graduate Diploma in Notarial Practice
  • STEP Advanced Certificate in Trust Disputes

Professional qualifications & appointments

  • Solicitor 2001
  • Notary Public 2007
  • Called (Lincoln’s Inn) 2016

Professional bodies

  • Association of Contentious Trust and Probate Specialists
  • Chancery Bar Association
  • Court of Protection Practitioners Association
  • Family Law Bar Association
  • Notaries Society
  • Society of Trust & Estate Practitioners
  • Solicitors for the Elderly

Direct Access

Graham Stott is qualified to accept instructions directly from members of the public and professional clients under the Direct Public Access scheme.

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