Maitland is renowned for its depth of experience in private client litigation, ranging from multi-jurisdictional trust disputes involving institutional trustees and investment vehicles to domestic probate and Inheritance Act claims.
With a number of silks and juniors at all levels working in both the core private client disciplines and related areas such as Charities, Civil Fraud and Offshore & Trusts, Maitland can offer a full suite of advocates for instructions of any size and nature.
Maitland is highly ranked in Legal 500 UK for Private Client: Trusts and Probate, Civil Fraud, Offshore and in Chambers UK for Traditional Chancery and Civil Fraud.
Our barristers have also contributed to the leading textbooks in the field, including Theobold on Wills; Williams, Mortimer and Sunnucks on Executors, Administrators and Probate; Lewin on Trusts; Snell's Equity; Civil Fraud: Law, Practice & Procedure; and Turner on Rights, Powers and Remedies in Commercial Law.
Maitland's expertise includes cases involving:
- Trust administration issues such as Beddoe applications, Public Trustee v Cooper applications, removal of trustees, Pitt v Holt claims, and rectification and interpretation of settlement documents.
- Breaches of duty by trustees, claims against asset managers and beneficiary claims over trust assets.
- Pensions and charities.
- Civil fraud issues such as asset tracing, dishonest assistance in breach of trust and knowing receipt of trust property.
Our barristers also frequently work in offshore jurisdictions including the Channel Islands, Isle of Man, Caribbean, Bermuda, Gibraltar, Hong Kong and Singapore. Maitland has strong links to local firms developed through both direct instructions and secondments of our junior members.
ESTATES, WILLS AND PROBATE
Maitland deals with all aspects of the administration of estates including:
- Non-contentious matters such as the construction of wills, rectification, Benjamin applications, and advising personal representatives during the course of applying for probate and administering the estate.
- Claims against estates involving testamentary capacity, validity, proprietary estoppel, constructive and resulting trusts and undue influence.
- Applications to remove personal representatives, claims against personal representatives for breach of duty and devastavit, and claims for accounts.
- Claims under the Inheritance (Provision for Family and Dependants) Act 1975.