Lemuel Lucan-Wilson

Trusts, probate and estates: non-contentious

Lemuel welcomes instructions in non-contentious trusts and estate matters. His traditional chancery practice encompasses all aspects of non-contentious litigation, drafting and advice across trusts, probate and estates (including cross-border estates), and related private client tax. Lemuel has frequent experience of producing opinions for trustees to assist in the settlement of inter-beneficiary disputes, or providing advice as to the administration of an estate or construction of a will.

Lemuel also has experience in advising on the validity of tax avoidance schemes in the private client context, including considering the effect of the failure to abide by property law formalities as part of such schemes.

Notable and recent cases include:

• Advising as to a proposed trust arrangement for damages obtained by a minor pursuant to CPR 21.11.
• Advising trustees of a bare trust as to their powers to make payments for the benefit of a minor child in the context of parental disagreement and potential issues surrounding the lawfulness of the payments.
• Advising as to the correct interpretation and drafting of wills for purposes of construction and tax, including business property relief.
• Advising as to the effect of tax planning documents from a trust and property law perspective.
• Drafting trust documentation, including deeds of appointment, and advice thereon.
• Advising as to the inheritance act treatment of a proposed Deed of Appointment in relation to the transfer of a reversionary interest.
• Advice on deeds of variation for wills.

Download Trusts, probate and estates: non-contentious CV

Property

Lemuel’s property practice covers the whole of the property law field. Lemuel’s experience includes landlord and tenant (residential and commercial), easements (including freehold covenants, rights of way), overage and option agreements, dilapidations and disrepair, nuisance, land registration and forfeiture (residential and commercial). Lemuel frequently appears in the First Tier Tribunal (Property Chamber), County Court and High Court in relation to property matters, including complex possession claims.

Lemuel also has extensive experience of litigation involving the dispute ownership of properties, which compliments his strong trusts practice.

Notable and recent cases include:

• Successfully representing the defendants at trial regarding a property management company’s alleged failure to take necessary steps to prevent dry rot outbreaks.
• Advising as to the correct interpretation of overage provisions.
• Advising on applications to alter or remove covenants pursuant to s84(1) Law of Property Act 1925.
• Advising and drafting pleadings in relation to a claim for infringement of a right of way.
• Representing the vendors in relation to a claim for post-sale damage and disrepair.
• Representing clients in proceedings regarding an alleged breach of freehold covenants, including issues as to the existence of a scheme of development.
• Advising clients in claims for disrepair and the extent of landlord repair obligations.
• Successfully settling, following advice and drafting, a claim regarding the construction of boundary wall features.
• Advising on the application of the Party Wall Act 1996.
• Advising on claims for nuisance regarding noise in apartment buildings.

Download Property CV

Professional liability

Lemuel’s professional liability experience is extensive, including not just solicitors and barristers, but also accountants, tax advisers and will drafters. Lemuel is equally happy to act for both claimants and defendants. Lemuel has extensive experience of dealing with complex issues of scope of duty, causation, mitigation and remoteness of damages.

Notable and recent cases include:

• Representing, led by Jonathan Seitler KC, the successful defendant in Blower v GH Canfields LLP [2024] EWHC 2763 (Ch), who had been alleged to have over-settled claims said to have been worthless. The claim concerned difficult interplays of trust and insolvency law, in addition to causation issues. The claimant failed to establish liability or causation.
• Representing the claimant in proceedings regarding alleged negligence by a solicitors firm in failing to provide appropriate advice for the termination of a business tenancy.
• Advising, drafting and successfully defending at trial an accountant alleged to have failed to properly advise as to the tax consequences of a business sale.
• Advising on the loss of potential claims of negligent misrepresentation during a property sale due to limitation periods.
• Advising and drafting on the failure to correctly identify a pension in divorce proceedings and subsequent potential limitation difficulties.
• Advising and drafting on the failure to name the correct claimant before the expiration of limitation in a claim regarding mis-selling of interest-rate swap products where the underlying claim had complex issues regarding the calculation of damages and remoteness.
• Advising on errors in will-drafting and the effect this would have on the taxation of the estate.

Download Professional liability CV

Commercial disputes

Lemuel has a range of experience in commercial disputes of all sizes, including crossover with insolvency and trusts disputes involving breach of fiduciary duty. He has experience of civil fraud claims, freezing injunctions, as well as standard contractual disputes between parties. He is frequently instructed to make or defend interlocutory applications, or advise on the prospects thereof.

Notable and recent cases include:

• Acting as junior counsel for the defendant and additional claimant in Green v White Lantern Film [2023] EWHC 930 (Ch) (led by Max Mallin KC and James Goodwin).
• Acting as junior counsel for the defendants in Mitchell v Al Jaber [2023] EWHC 364 (Ch) (led by Clare Stanley KC) in the trial of a claim brought by a liquidator for breach of fiduciary duty, breach of trust, and unlawful means conspiracy with damages claimed in the sum of $3.5 billion.
• Acting, led by Tim Penny KC, in freezing injunction in the BVI including issues of fortification and the representative capacity of the claimant.
• Acting as junior counsel for the successful appellants in the Court of Appeal in Al Jaber v Mitchell v Al Jaber [2021] EWCA Civ 1190 (led by Clare Stanley KC) relating to the scope of witness immunity in the context of examinations under section 236 Insolvency Act 1986.
• Advising as to the construction and effect of personal guarantees.

Download Commercial disputes CV