Probate and other chancery News

Ashley Blood-Halvorsen wins for grandchildren in contested estate case dating back to 2008

7th October 2021

3PB’s Ashley Blood-Halvorsen, instructed by Christian Nicholls of Nicholls Brimble Bhol Solicitors, had a successful summary judgment application heard in the High Court in Birmingham yesterday. Ashley (pictured here) was instructed to advise and settle particulars of claim in the case of S and S v B, a historic breach of trust and devastavit claim arising out of the administration of an estate in 2008. This arose out of the defendant grandfather’s capacity as executor...

Probate law webinar recording - out now!

9th July 2021

Specialist probate law barristers Martin Strutt and Lydia Pemberton hosted our Zoom webinar - chaired by Cheryl Jones - on Thursday 17 June. Martin Strutt presented "Knowledge and approval and rectification: an overview of knowledge and approval and discussion as to whether rectification can in some circumstances cure a lack of knowledge and approval.". Martin's notes can be found here. Lydia Pemberton examined “Put up or shut up. How to progress estate administration: an overview into the options...

Oliver Ingham in key Inheritance Act case

29th June 2021

In 2020, Cohen J issued his decision in Re H [2020] EWHC (Fam) 1134 which found for the first time that a Court could order an Estate to pay for a CFA Uplift as part of an award under the Inheritance Act 1975. Further, an award was made by video link in circumstances where the Defendant (who was unrepresented) a profoundly deaf and disabled 87 year old woman who could not hear or see what...

Jakob Reckhenrich joins 3PB’s Commercial and Property & Estates teams

29th June 2021

Barrister Jakob Reckhenrich, a multiple-scholarship award winner and Oxford and Brown Universities alumnus, has joined 3PB to advise on commercial, real estate and property disputes. He joins 3PB, initially as a third six pupil, after completing his pupillage at Monckton Chambers and working as a judicial assistant in the Commercial Court, where he assisted, among others, Mrs Justice Cockerill and Mr Justice Butcher. Jakob Reckhenrich came to the Bar after working as an academic philosopher...

Lydia Pemberton discusses contentious probate disputes for Women in Wills

7th May 2021

3PB’s specialist contentious probate barrister, Lydia Pemberton (TEP) (pictured here) spoke at the fourth Women in Wills event of 2021 by Practical Vision alongside Tara McIness, a partner in the contentious probate team at Burnside Partnership. Lydia spoke about the recent contentious dispute case Re R (Deceased) (2021) EWHC 936 (Ch), the judgment in which had been handed down on 16th April. The case was in relation to the provision for minor children from their...

Robin Howard acts as counsel for three brothers in high profile contested will dispute over £ 850,000 family house

21st April 2021

3PB’s experienced barrister Robin Howard (pictured here) acted as counsel for three brothers who have lost an appeal for an inheritance claim for £ 850,000 after the initial trial was made unfair because of the attitude of the original trial judge. The case came to court in 2019 and the judge ruled that all £ 850,000 of value from the family house be awarded to their sister, after a will made in 1986 was replaced by...

The remote witnessing of wills: a last resort

25th September 2020

Until now, for a will or codicil to be valid, “presence” in the Wills Act 1837 required for the testator to be in the “line of sight”. This did not allow for the remote witnessing of wills. Probate barrister Lydia Pemberton examines The Wills Act 1837 (Electronic Communications) (Amendment) (Coronavirus) Order 2020, which expressly provides that ““presence” includes presence by means of video conference or other visual transmission”, in real-time, for wills made since 31...

3PB Barristers have created a dedicated webpage on its website to act as a hub for the many articles, briefings and webinar and podcast recordings about lockdown laws and regulations as well as practical issues like court attendance, e-bundles, remote and hybrid hearings. The Coronavirus (COVID-19) pandemic continues to create employment, contractual and other legal challenges which are in many ways unprecedented. The impact of the virus is being felt, and in response, 3PB have...

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...