Thomas Dumont KC

Tom has a wealth of experience in acting in contentious trust litigation and associated matters such as Re Beddoe applications. His expertise covers actions for the variation, rectification and interpretation of the trust’s governing documents, for the removal of trustees, and claims for breach of trust. A number of cases have focused on the investment powers and strategies of trustees, both individual and corporate.

Tom has acted in leading cases in various fields including the development of constructive trusts, and the rule in Hastings-Bass. Over the past 5 years, he has been instructed on behalf of three separate high-profile families with property interests valued in 9 figures, on variation of their trusts to cover the next 125 years.

Tom is frequently involved in internal litigation concerning variations of trusts and trust compromises. Much of the effort expended is in keeping such cases out of the limelight. Radcliffe Chambers well understands the value that clients place on discretion. In one of Tom’s cases, the court’s powers in relation to compromises were used to create a non-charitable purpose trust for the benefit of a Sussex cricket club and cricket generally in a £20m estate. Tom has recent experience in acting in a compromise variation for a family with extensive landed estates in the south of England.

Variations of deceased’s estates are also something of a theme: a number have been varied recently using the Variation of Trusts Act or the Inheritance (Provision for Family & Dependents) Act 1975, saving the family substantial amounts of tax, as well as structuring the wealth suitably for the foreseeable future.

In non-contentious matters, Tom’s approach is that a trust should be a tool, and not the master. He focuses, in both drafting and advising, on finding solutions to problems, rather than further obstacles. He – like his clients – wants trusts to work, to add value. He has as much expertise at helping clients exit unwanted trusts or finding ways to make those trusts work where there is no escape, as he does in helping clients create the right trust or other structure for their personal wealth or family estate.

He aims to cover all the tax issues associated with the creation, use and winding up of trusts, save in the most unusual cases where particular special expertise is required. He has succeeded in obtaining tax relief in numerous cases, including some where other often well-known practitioners had advised it was not available.

He has also been involved in some of the more arcane areas of trust law, where analysis and deep knowledge are particularly important, such as the Settled Land Act 1925, entails and perpetuities.

Much of Tom’s trusts work is highly confidential. His recent cases include:

• Appearing in Variation of Trust Act cases in 2013, 2015 and 2018, involving extensive landed estates, flourishing company shareholdings, and a notable art collection
• Re a National Charity (2017) – Acting for the charity in setting aside lifetime share transfers to the benefactor’s wife, which would have deprived the charity of more than £10m
• Re Hanson Deceased (2015) – Making a successful application for the removal of executors and for appointment of Grant Thornton as administrators of £50m+ estate with assets in the UK, Jersey & Panama
• Re an Earl’s divorce (2015) – Acting for the Countess on her divorce, advising about the complex trust structures and tax-exemptions in place.
• Scarfe v Matthews (2012) – Acting successfully for Bernard Matthews’ long-term companion in a dispute over his very substantial estate involving the application of the doctrine of election
• Green & Anor v Montagu & Anor [2011] EWHC 1856 (Ch) – Representing the trustees in a dispute over the entitlement of a child born out of wedlock to benefit under the Duke of Manchester’s Settlements
• Dore & Ors v Leicestershire County Council & Anor [2010] EWHC 1387 (Ch) – Acting for the defendants in a case involving the existence and management of trusts concerning a village school and community centre
• Cuppage & Ors v Lawson & Ors [2010] EWHC 3785 (Ch) – Appearing for the claimants in a dispute about the beneficial ownership of a long-standing trust potentially void for perpetuity
• Berezovsky v Patarkashsishvili (2009) – Acting in a dispute concerning the trusts of a $4bn estate
• Abacus Trust Company (Isle of Man) Ltd Colyb Ltd & Anor v NSPCC [2001] EWHC B2 (Ch) and Abacus Trust Company (Isle of Man) & Anor v Barr & Ors [2003] EWHC 114 (Ch) – Acting for the charity and, later, the trust company in two of the leading cases which expanded the extremely useful Hastings-Bass doctrine.

Tom is one of the leading practitioners in the area of wills and estates. In 2018, the Law Commission invited him to be one of only two barristers on their expert panel assisting it on the revision of the Law of Wills.

In 2017, he scored a double-win in Hives v Machin: he convinced the judge that the inconsistent authorities on s. 33 Wills Act 1837 should be resolved in his client’s favour, and also destroyed the credibility of the other side’s witnesses in cross-examination. He consistently appears in major contentious probate and Inheritance Act 1975 cases. In 1975 Act claims, he has recently acted in a trial in the Family Division by a co-habitee against her fiancé’s £20m estate (settled before judgment), a claim by a second-wife (in a short marriage) against her husband’s £30m estate (settled at FDR), a high-profile claim by a co-habitee in an estate worth tens of millions, and represented a widow in a claim also against an 8-figure estate. In 2016 he successfully represented a Viscount and his sisters in a claim against their father’s estate. In Will cases, he has successfully overturned wills on the grounds of forgery Supple v Pender [2007], lack of capacity Re Anker-Petersen [2010] and Re Harris [2012] and want of knowledge and approval Re Harris [2012].

He also much sought-after for his advice on the interpretation of wills, and the administration of estates.

Tom is particularly well known for his charity practice. He is consistently recommended as a leading junior in this field by The Legal 500 UK Bar and Chambers UK Bar, the current edition of which notes that:

“[his] insurmountable expertise in Inheritance Act claims has won him an army of followers. Described as ‘a charming gentleman,’ Dumont ‘wins over any courtroom that he enters with his calm and poised demeanour.’ He also wins full marks for his writing, with sources acknowledging that ‘his opinions are crisp and to the point.’”.

Tom acts for many of the major national charities, advising them on governance matters and representing them in litigation, particularly in contentious probate actions.

His recent cases of note include:

• A National Charity (2018) – Advising charity trustees after concerns raised over £1bn of assets
• Major educational charity (2018) – Acting with a top-tier solicitors’ firm in finally achieving the resolution of a long-standing charitable issue, by identifying the critical legal point which none of the previous 4 KCs had spotted, with the potential to release at long last many millions for the charity
• A National Charity (2016) – Advising a charity at the heart of UK life about its ability to restructure to invigorate the charity’s outreach and work
• St Andrew’s Cheam (2011) – Acting in a dispute between a church and tennis club over the ownership of grounds used by the club
• Dore & Ors v Leicestershire County Council & Anor [2010] EWHC 1387 (Ch) – Acting for the defendants in a case involving the existence and management of trusts concerning a village school and community centre
• Cuppage & Ors v Lawson & Ors [2010] EWHC 3785 (Ch) – Appearing for the claimants in a dispute about the beneficial ownership of a long-standing trust potentially void for perpetuity
• Channon v. Perkins [2005] EWCA Civ 1808 – Successfully overturning a first-instance decision against a will, for Guide Dogs for the Blind and the deceased’s partner, the will beneficiaries, where witnesses were adamant they had not witnessed the deceased sign, but in an important decision the Court of Appeal found that the presumption of due execution overrode their evidence
• Clough-Taylor Deceased, Coutts & Co v Banks (2003) – Resisting on behalf of a number of national charities an application by executors that they should fund proposed litigation out of residue passing to the charity
• Re Ratcliffe (1999) – Forming part of the winning team in the case which re-established charities’ full exemption from IHT on mixed residue, worth tens of millions to the charity sector.

Tom specialises in professional negligence claims where they overlap with the private client and property world. Typically they involve tax-planning by solicitors and accountants, substantial property transactions, will-making or trust and estate administration.

In 2018, acting on behalf of solicitors in a £6.5m estate, he was able to persuade the court to construe and/or rectify the will so that no negligence claim against them was necessary.

In 2017 he implemented, with his solicitors, a successful strategy for the defendant accountants sued for £millions in relation to several unsuccessful tax schemes, which resulted in the claims being withdrawn following the claimants’ failure to amend their claim some years in.

He appeared in the first private client-negligence case in the Supreme Court in Roberts v Gill [2011] successfully defending two firms of solicitors against claims of negligence in the administration of an estate.

He appeared, again successfully, in the landmark Court of Appeal decision of Paragon v Thakerar [1999] that prevented lenders suing solicitors firms for fraud on stale claims.

Issues of limitation, to the forefront in both these actions, are a particular strength. He has recent experience of defeating at trial a claim against accountants by a multi-millionaire client that they had acted negligently in his tax-planning. He is instructed by most of the firms of solicitors who are retained by insurers in this field, as well as advising insurers and claims handlers direct.

Tom’s clients find him easy to work with because of his understanding of the underlying legal issues, in particular tax, in these specialist areas. He focuses at an early stage on the important – but often overlooked question – whether the adverse results of any alleged negligence are actually as bad as they look, and – if so – whether they can be mitigated or avoided altogether.

Tom is a well-respected and experienced advocate in the Court of Protection, appearing in a range of cases, but particularly applications for statutory wills. He has a strong professional interest in vulnerability, acting in often high-profile cases, such as that involving the estate of Sir Malcolm Arnold, in disputes about powers of attorney and wills. He lectures to the Law Society’s Private Client Section, Solicitors for the Elderly, Action on Elder Abuse and the Society of Trust & Estate Practitioners on these topics.

Tom has substantial experience of property litigation, once being described by the Lawyer as the first-choice barrister where the opposition was unscrupulous. He appeared recently in the Privy Council on appeal from the Bahamas Court of Appeal, on a case, Rolle Family Co Ltd v. Rolle [2018] AC 205, involving competing claims to two valuable sea-front plots of land. He overturned the grounds of the Court of Appeal’s decision, establishing the legal principles which should enable his client to enforce his title in the Bahamas. He has particular expertise in restrictive covenants, easements and proprietary estoppel claims, having appeared in the Court of Appeal in each of these fields.

Tom has long been recommended by the legal directories as a leading practitioner for traditional chancery, charities and professional negligence matters. His most recent coverage includes:

Tom is a member of the Bar’s Law Reform committee, drafting the Bar’s responses to Government consultations on the reform of trust and land law and the law of Wills. He is a member of the ACTAPS committee, and chair of the STEP Journal Editorial Board.

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• Bar Membership Number: 13369