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.
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
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
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
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
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
Will Construction – Approach of English Court | Carl’s Wealth Planning Blog
Zoom Mediation of International Trust Disputes | Carl’s Wealth Planning Blog
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