Contentious probate barrister joins 3PB’s leading trusts and probate team
Lydia Pemberton (2006 call) has joined 3PB‘s leading specialist trusts and probate team. Lydia specialises in all aspects of contentious probate matters, in particular Inheritance Act claims, and also offers advice and representation in TOLATA disputes. She is often enlisted at the pre-litigation stage and will then remain instructed to work as part of the legal team representing the client through to resolution of the dispute.
Lydia advises across a broad range and value of estates and TOLATA claims, from those involving substantial assets through to the more modest in size. Her practice covers the interpretation/construction of wills and trust instruments, challenges made to the validity of wills, both as regards the requisite formalities and where attacks are made to the substantive validity of the will including challenges to capacity, a lack of knowledge and approval and allegations of undue influence.
In addition Lydia represents both beneficiaries and office-holders in matters involving allegations of misconduct, applications to remove a PR/trustee and in the general administration of the estate.
Whilst Lydia regularly represents her clients in chancery proceedings, she also has a wealth of experience in resolving matters through ADR and mediation. Lydia also offers her clients experience of acting in matters listed in the Lands Tribunal and at adjudications in TOLATA proceedings. Lydia has also appeared before the Probate Registrar on a number of occasions.
Recent work includes:
- Representing the defendant executor/trustee in an IHA claim in respect of a potentially insolvent estate due to threatened civil suits and POCA proceedings
- Representing a defendant beneficiary to a will-construction claim at mediation in respect of a $13 million Bahamian estate
- Advising and drafting Part 64 proceedings for a grant of will in solemn form to beneficiaries of a later will where the beneficiaries of an earlier will challenged the grant on the basis that the testatrix did not have a sufficient understanding of English
- Representing an executor who was accused of fraudulent misconduct through the retention of estate assets where it is denied that the assets were in possession of the testator at the time of death
- Advising on rectification proceedings under S20 Administration of Justice Act 1982 where the clause as drafted deprived the joint owner of a life interest in 50% of the main property
- Settling at mediation an IHA/TOLATA claim for an elderly claimant against the estate of her husband from whom she had separated 30 years earlier. It was agreed that the client would receive a 45% share in the property plus a portable life interest in the remainder for her and her partner.
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