We are viewed as a leading barristers’ chambers for wills, probate and estates matters, and work hard to remain at the forefront of developments in the area.
We advise on and appear in all kinds of proceedings relating to the administration of estates, including claims for the production of accounts by personal representatives, claims for the removal of personal representatives, and applications for orders to facilitate the administration of estates and provide protection for personal representatives.
We also act for claimants, defendants and neutral personal representatives in claims brought under the Inheritance (Provision for Family and Dependants) Act 1975.
We advise on non-contentious probate matters, appearing in the Probate Registries, and before the Family Division Judges, including applications for the removal of caveats, applications for grants of administration ad colligenda bona, the resolution of disputes between persons entitled to a grant in the same degree, applications to pass over a potential personal representative under section 116 of the Senior Courts Act 1981 and applications for leave to swear death.
Our barristers have complementary expertise in related fields such as trusts, real property, landlord and tenant, company, insolvency, charity and tax law, which means they are able to handle all aspects of disputes that involve multiple areas of law. They also act in professional liability cases concerning the drafting of wills and tax planning.
We recognise that it is often in the best interests of our clients to resolve their disputes outside of court. Our barristers frequently represent clients in negotiations and mediations, and a number of the team are themselves accredited mediators.
Radcliffe Chambers has vast experience in wills and probate matters. Past cases in this area include:
Acting for the successful respondent in an appeal concerning testamentary capacity and delusion, in which the court confirmed that the test in Banks v Goodfellow remains good law.
Acting for the successful adult child claimant in a claim under the Inheritance (Provision for Family and Dependants) Act 1975, in which the judge granted an award despite a period of estrangement from the deceased and considered the issue of recoverability of CFA uplifts as part of awards in 1975 Act claims.
Acting for the successful beneficiaries of an estate worth many tens of millions of pounds, in upholding a rate appeal on a probate issue in the Family Division.
Our chambers include some of the most distinguished senior barristers and KCs in their field. Paired with this, juniors gain hands-on experience of probate matters early in their career and have the benefit of learning from these seasoned senior barristers.