Contentious Probate & Trusts Expertise

I have over 34 years of drafting, negotiation, and dispute resolution experience. As a Barrister and Mediation Advocate, my recent work has included the following claims and remedies:

  • Actual undue influence (in relation to a lifetime transfer of property).
  • Application for an Inventory and Account, see: Poverty charity intentionally abused for criminal purposes by two of its trustees | Carl’s Wealth Planning Blog.
  • Beddoe applications.
  • Breach of Fiduciary Duty and Trust claims against Executors/Trustees.
  • Construction and rectification of a will.
  • Declarations about the existence and extent of an alleged beneficial interest in an Estate Asset – Constructive and Resulting Trust Claims.
  • Equitable compensation.
  • Forgery.
  • Fraudulent calumny.
  • Lack of knowledge and approval (including the reversal of the burden of proof under the ‘suspicious circumstances’ rule).
  • Lack of testamentary capacity (and the reversal of the burden of proof by raising a ‘sufficient doubt’).
  • Proprietary Estoppel Claims, i.e. where the Claimant is seeking to establish an Equity arising by Estoppel.
  • Removal of a caveat.
  • Presumed undue influence (in relation to a lifetime transfer of property).
  • Probate undue influence.
  • Rescission.
  • Secret trusts.

I am the author of the ‘Contentious Probate Handbook’, and the ‘Contentious Trusts Handbook’, both published by the Law Society. For more information please visit the ‘Publications’ page.

I am also the author of ‘Tax-Efficient Wills Simplified’ (Amazon Kindle book), and prior to specialising in Probate and Trust Disputes at the Bar and becoming a Mediator, I practised as a Solicitor. My work included estate planning and drafting will/trusts, shareholders’ agreements, and governance documents for privately owned companies and LLP’s.

See also my recent articles and blogs:

Please also visit ‘Carl’s Wealth Planning blog’ by clicking on the link in the sidebar.

‘A bird in the hand is better than two in the bush – the moral of Thornton & Ors v Woodhouse & Anor [2017]’ | Carl’s Wealth Planning Blog

Advocacy & Experts | Carl’s Wealth Planning Blog

Advocacy at remote hearings | Carl’s Wealth Planning Blog

Arbitration of trust diputes in London | Carl’s Wealth Planning Blog

Art of persuasion in court – Advisory Excellence

Beddoe Applications | Carl’s Wealth Planning Blog

Between a rock and a hard Place – the litigation risk faced by an executor/beneficiary | Carl’s Wealth Planning Blog

Breach of duty – The taking of an account against defaulting charity trustees | Carl’s Wealth Planning Blog

Breach of Fiduciary Duty Claims | Carl’s Wealth Planning Blog

Central London County Court Guide 2020 | Carl’s Wealth Planning Blog

Christodoulides v Marcou [2017] (High Court) – Fraudulent Calumny | Carl’s Wealth Planning Blog

Common intention constructive trust – Transfer of property by Father to Daughter’s partner = detrimental reliance. | Carl’s Wealth Planning Blog

Could HMRC attack a trust established to receive a capital sum in settlement of an Inheritance Act claim as a sham or an ‘illusory trust’? | Carl’s Wealth Planning Blog

Deed of Variation | Carl’s Wealth Planning Blog

Electing between equitable remedies, published by Trusts & Trustees (Oxford University Press), 16 December 2021: https://academic.oup.com/tandt/advance-article/doi/10.1093/tandt/ttab101/6464191?guestAccessKey=247ea00c-f63d-4359-aa69-60b7e4bf3b5a

Equitable compensation arising out of sale of a property ordered under section 14 TLATA | Trusts & Trustees | Oxford Academic (oup.com)

European Commission has declined consent to the accession of the UK to the Lugano Convention | Carl’s Wealth Planning Blog

Expiry of limitation period in midnight deadline cases | Carl’s Wealth Planning Blog

Financial provision claim by adult child – Miles v. Shearer [2021] | Carl’s Wealth Planning Blog

Getting it right from the start | Carl’s Wealth Planning Blog

How civil courts decide | Carl’s Wealth Planning Blog

Inheritance Act – 25% CFA cases – Hirachand v Hirachand (CA)(2021) | Carl’s Wealth Planning Blog

Inquisitorial jurisdiction of Court of Protection | Carl’s Wealth Planning Blog

Investment Fund Fraud – Jurisdiction of English court | Carl’s Wealth Planning Blog

Islamic law principles applicable to the administration of trusts | Carl’s Wealth Planning Blog

Judicial Early Neutral Evaluation | Carl’s Wealth Planning Blog

Judicial-ENE and the ‘New Normal’ | Trusts & Trustees | Oxford Academic (oup.com)

Liability for costs in a Contentious Probate case | Carl’s Wealth Planning Blog

Mediation in the Court of Protection | Carl’s Wealth Planning Blog

Mediation Strategies | Carl’s Wealth Planning Blog

Mediation of Will, Inheritance, Probate, and Trust disputes | Carl’s Wealth Planning Blog

Parallel Breach of Fiduciary Duty Claims | Carl’s Wealth Planning Blog

Pleading Fraud/Dishonesty, Striking Out & JENE | Carl’s Wealth Planning Blog

Poverty charity intentionally abused for criminal purposes by two of its trustees | Carl’s Wealth Planning Blog

Recent advocacy testimonial | Carl’s Wealth Planning Blog

Rectification of wills | Carl’s Wealth Planning Blog

Remote advocacy in Cayman Islands hearings | Carl’s Wealth Planning Blog

Self-dealing by intermeddling | Carl’s Wealth Planning Blog

Striking-out a Defence for being ‘Equivocal’ | Carl’s Wealth Planning Blog

Shifting the burden of proof in a rectification claim before the FTT | Carl’s Wealth Planning Blog

Testamentary Capacity (my talk to ACTAPS) Handout.pdf (carlislam.co.uk)

The Advocate and the Expert in the Court of Protection | Expert Witness Journal

The Advocate and the Expert in a Testamentary Capacity Claim | Expert Witness Journal

The English court can order mediation where a party does not consent | Carl’s Wealth Planning Blog

The psychology of advocacy | Carl’s Wealth Planning Blog

Trust Litigation after BREXIT | Carl’s Wealth Planning Blog

Watson v Kea Investments Ltd [2019] – Rate of interest awarded against trustees | Carl’s Wealth Planning Blog

Will Construction – Approach of English Court | Carl’s Wealth Planning Blog

Zoom Mediation of International Trust Disputes | Carl’s Wealth Planning Blog

 * Please note that you will need a suitable pdf reader to view the document, if you need to download the software please click your choice of link below: