| Call 1994
Experience and Expertise
Justin Holmes is recommended as a leading junior for Private Client: Trusts and Probate work by The Legal 500. He advises and represents trustees and beneficiaries in disputes involving all kinds of trusts, and in the related field of proprietary estoppel.
He has advised and represented clients in cases involving the selection or replacement of trustees, including cases where allegations of misconduct and bad faith have been made, and on cases involving questions which have arisen in the management and administration of trusts.
He has also been involved in various cases relating to the construction and rectification of trusts established under wills and lifetime settlements, and aims to provide clear and reasoned advice to trustees and beneficiaries and to assist them, where necessary, to obtain the decision of the Court.
Cases and Work of Note
Recent experience includes:
- will construction summons before Proudman J. Public Trustee sought the court’s ruling on the meaning of a clause in the will of the deceased which might have benefited the staff of one former Council day centre, another existing Council day centre, or neither of them;
- advice on will construction claim. Public Trustee sought ruling on meaning of a clause in the will of the deceased which may, or may not, have created a trust or power to benefit “promising” members of his family, or to relieve “deserving materially hardship cases”. Numerous beneficiaries and potential objects of the powers, most of whom are in India. Questions of administration as well as construction;
- acting for executors and trustee in case where claimant claimed provision under the Inheritance (Provision for Family and Dependants) Act 1975 but also claimed that the estate ought to contain all or more of a property owned by the trust;
- advising a trustee whether she had any prospect of setting aside a sale of trust property which she had entered into at the request of the other trustee without giving the matter proper consideration. Advised in respect of her own potential liability;
- advised a trustee of will trust containing a large number of valuable works of art in respect of claims against it by beneficiaries of the trust for maladaministration and for rulings on the true construction of the will;
- advising executors and trustees on the effect of a gift “for the joint use and benefit during their joint lives” of three sons, two of whom had subsequently died;
- advising beneficiary who was given his mother’s share in a farm under her will in respect of the validity of an alleged rejoinder of the joint tenancy without any written instrument prior to her death, and taking proceedings against the executors of the mother’s and father’s estates for recovery of sums due to him;
- advising trustee of family trust in respect of (a) his attempt to remove one of his sons as a trustee and director of companies owned by the trust and (b) his son’s attempt to remove him.