Trusts, probate and estates: non-contentious

Trusts, probate and estates: non-contentious

Wilberforce Chambers has a history of excellence in the field of private client work. Our specialist team of barristers assist private individuals, trustees, and beneficiaries in the range of technical areas listed below:

• Non-contentious litigation such as applications under the Variation of Trusts Act 1958, under section 57 of the Trustee Act 1925, section 48 of the Administration of Justice Act 1985 and applications by trustees or personal representatives for permission to administer on certain footings;
• Drafting of trusts, wills and supplemental documentation such as appointments, advancements,  deeds of variation, indemnities and releases;
• Advice on technical questions relating to trusts and estates such as perpetuities and accumulations, the treatment of income under section 31 of the Trustee Act 1925, uses of statutory and express powers of advancement, the operation of engrafted trusts and questions regarding reversionary interests; and
• The tax treatment of trusts and estates, including inheritance tax and related capital gains tax, income tax and SDLT issues.
• Advising on conflict of laws questions relating to trusts and estates where there is a foreign element.
• Advising, undertaking drafting and appearing in non-contentious proceedings concerning trusts and estates in foreign jurisdictions whose systems of law are based on English law principles, as well as providing UK tax advice in relation to trusts and estates in offshore jurisdictions.

Rankings and recognition

Wilberforce is ranked as a tier 1 set in Chambers & Partners and The Legal 500 for Traditional Chancery and Private Client (Trusts & Probate) work.

Chambers & Partners 2025: Wilberforce Chambers has an impressive group of barristers who handle complex disputes surrounding trusts and estates, and demonstrate multi-jurisdictional knowledge of the law. “Undoubtedly a leading chambers for complex trusts issues, it is very strong across the board and has great people from baby juniors to leading silks”, comments a source. Members of the set appeared in a number of significant matters of late, including Byers v Saudi National Bank, a Supreme Court knowing receipt constructive trust case. Other matters undertaken include National Westminster Bank plc v Ludlow Trustees Ltd and Coutts & Co v Ludlow Trust Co Ltd, a case concerning the largest ever transfer of trusteeships, from NatWest, RBS and Coutts to a new trustee company. As one interviewee said: “All the counsel here handle matters with ease, and provide prompt and practical advice. The set offers expertise in all relevant areas and can assist with the most complex, multi-faceted disputes.”

Legal 500 2025: Wilberforce Chambers has ‘an unrivalled team of senior and junior counsel to provide the appropriate level of expert assistance with the various complex and sophisticated aspects of the matter’. Gilead Cooper KC is highly regarded for his excellent track record in handling contentious property and trust matters and is noted for his ’ability to produce clear opinions’. Brian Green KC successfully represented the Saudi National Bank before the Supreme Court in Byers v Saudi National Bank, a constructive trust dispute involving the issue of whether a continuing proprietary interest is a condition of bringing a claim in knowing receipt. Robert Ham KC is known for ‘giving excellent advice to clients and turning matters around quickly and effectively’ and has longstanding experience of handling contentious and non-contentious trusts and private client law matters. Simon Atkinson recently successfully acted for the defendant in Asturion Fondation v HRH Aljawharah Bint Ibrahim Abdulaziz Alibrahi, a complex case involving Liechtenstein, English and Sharia Law, a dispute over who is entitled to a high-value property in Hampstead.

The Legal 500 Bar Awards 2022: Wilberforce wins Chancery Set of the Year

Chambers Bar Awards 2022: Clare Stanley KC wins Chancery Silk of the Year

Chambers Bar Awards 2021: Thomas Grant KC wins Chancery Silk of the Year

Chambers High Net Worth Awards 2020: Wilberforce wins of Set of the Year

The Legal 500 Bar Awards 2020: Wilberforce wins Private Client Set of the Year

Chambers Bar Awards 2018: Wilberforce wins Chancery Set of the Year

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