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Charles Holbech

| Call 1988

Profile: Wills and Estates

Wills, Probate and Administration

Charles has considerable experience in relation to wills, probate and administration, and succession. He is experienced in will drafting, and in tax planning through wills. Charles has appeared in the Privy Council in a leading case on the construction of wills: Sammut v Manzi [2009] 1 WLR 1834. He also has considerable experience and expertise in claims relating to the estates of deceased persons such as probate claims, proprietary estoppel, and family provision claims. He appeared in the Court of Appeal in a leading case on proprietary estoppel: Campbell v Griffin [2001] EWCA Civ 990; and in the High Court on constructive trusts: Thomson v Humphrey [2009] EWHC 3576 (Ch). Charles has a particular interest in claims to set aside wills on the grounds of undue influence, want of knowledge and approval, lack of testamentary capacity, and/or forgery. He has given many lectures on these issues, and has advised and appeared in many cases in this area.

Inheritance Act claims

Charles has appeared in two of the leading cases on claims by adult children for reasonable provision out of the estate of a deceased parent: Robinson v Bird [2003] WTLR 529 and Garland v Morris [2007] 2 FLR 528. He regularly advises and acts in Inheritance Act claims. Most of these claims are settled. Court of Protection Charles is experienced in all matters relating to patients, mental health, the Court of Protection, lasting powers of attorney, statutory wills, and the appointment of deputies. He has appeared many times in the Court of Protection.

Tax and estate planning

Charles’ advice is increasingly in demand on tax, and tax planning issues facing individuals, trustees, and personal representatives. He regularly advises on the availability of business and agricultural property relief. Charles has edited Halsbury’s Laws of England on Inheritance Tax. He has also written two privately-published booklets, on estate planning through wills, and on Inheritance Tax planning and trusts. Charles contributed the chapter on taxation in the current edition of Mortimer, Williams and Sunnucks on Executors, Administrators and Probate. He is frequently asked to lecture on tax by professional organisations. He was one of the invited speakers at the 2015 IBC Inheritance Tax conference.

Charles Holbech