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Mark Lindley

Boodle Hatfield Portraits - 09 02 18

Partner
Private Client & Tax

+44 (0) 20 7079 8173 download vcard
Boodle Hatfield Portraits - 09 02 18

Mark specialises in resolving disputes regarding trusts, estates, tax, gifts and matters relating to mental capacity, both on and off shore.

He also works with individuals, families and trustees in relation to planning needs, drawing on his experience as both a private wealth adviser and litigation lawyer.

Mark is often approached to act as litigation friend for protected parties and as replacement trustee or personal representative in removal proceedings.

Track Record

Most of Mark’s work is private and details are not in the public domain. Reported decisions in the courts include:

Acting as litigation friend for minor beneficiaries (PQ and anor v RS and ors [2019] EWHC 1643 (Ch))

Advising claimants and defendants in claims for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, including Cowan v Foreman & Ors [2019] EWHC 349 (Fam) / [2019] EWCA Civ 1336

Advising trustees seeking to set aside a disposition with adverse tax consequences on the grounds of mistake (Smith v Stanley [2019] 2 WLUK 174)

Advising the trustees of a valuable landed estate in a will dispute (Wesley v Chantler & Ors [2018] EWHC 21(CH))

Advising the trustees of a valuable landed estate in relation to claims based proprietary estoppel (Fielden v Christie Miller) [2015] EWHC 87 (Ch), [2015] EWHC 752 (Ch) and [2015] EWHC 2940 (Ch))

Advising a beneficiary of offshore trust structures worth more than £500m (In the matter of the R and RA Trusts (Gsy C.A.) [470/2014])

Advised a foreign charitable foundation in connection with litigation in England and the Netherlands, successfully resisting an application for an anti-suit injunction and freezing order in the English court (Nabil Tadros & anor v (1) Simon Barratt & ors [2014] EWHC 2860 (Ch))

Mark’s other experience includes:

Hostile and non-hostile applications in the Court of Protection, including applications relating to statutory wills, tax-planning and removal of attorneys

Advising trustees and beneficiaries in connection with professional negligence claims against solicitors and other advisers

Variation, interpretation and rectification of wills and trust deeds

Trust applications and proceedings in, amongst other jurisdictions, Jersey, Guernsey, British Virgin Islands, Cayman Islands and Bermuda

International probate, including the re-sealing of foreign grants and administration of UK assets in foreign estates

Awards & Rankings

Legal 500, Next Gen Partner 2017 – 2021

Chambers HNW, Ranked Individual, 2019 – 2020

Citywealth – Top 100 Trust Litigators, 2020

Legal Week Private Client Global Elite, 2018 – 2019

Citywealth Future Leaders, Lawyer of the year (Bronze), 2018

Spears 500, Recommended Tax and Trust Lawyer, 2018

Conference Speaking

Trans Trust Bermuda 2020 (Virtual): Fixing Settlor and Trustee Mistakes

Trusts and Estates Litigation Forum 2020: Legitimate children, trusts and human rights

TransTrusts Bermuda 2019: Crociani Revisited

ConTrA: Trusts In Litigation 2019: Estate Planning & Succession – Freedom of Disposition

STEP Isle of Man Annual Conference 2018: Practice and procedure in applications for the court’s blessing of momentous decisions by trustees

Publications

International Trust Disputes (Co-author with Andrea Zavos)

Planning and Administration of Offshore and Onshore Trusts (Co-author, with Simon Rylatt and Clare Pooley)

Business Families and Family Businesses – STEP Handbook for Advisers 2018

Tolley’s Estate Planning

Memberships

Society of Trust and Estate Practitioners (STEP)

STEP Contentious Trusts

Estates SIG Global Steering Committee

Registered Contentious Trust and Probate Specialist (Association of Contentious Trust and Probate Specialists)

STEP Advanced Certificate in International Succession and Probate

ConTrA (Contentious Trusts Associates)

Education & Qualification

University of Exeter

Qualified as a solicitor in 2008

Most of Mark’s work is private and details are not in the public domain. Reported decisions in the courts include:

Acting as litigation friend for minor beneficiaries (PQ and anor v RS and ors [2019] EWHC 1643 (Ch))

Advising claimants and defendants in claims for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, including Cowan v Foreman & Ors [2019] EWHC 349 (Fam) / [2019] EWCA Civ 1336

Advising trustees seeking to set aside a disposition with adverse tax consequences on the grounds of mistake (Smith v Stanley [2019] 2 WLUK 174)

Advising the trustees of a valuable landed estate in a will dispute (Wesley v Chantler & Ors [2018] EWHC 21(CH))

Advising the trustees of a valuable landed estate in relation to claims based proprietary estoppel (Fielden v Christie Miller) [2015] EWHC 87 (Ch), [2015] EWHC 752 (Ch) and [2015] EWHC 2940 (Ch))

Advising a beneficiary of offshore trust structures worth more than £500m (In the matter of the R and RA Trusts (Gsy C.A.) [470/2014])

Advised a foreign charitable foundation in connection with litigation in England and the Netherlands, successfully resisting an application for an anti-suit injunction and freezing order in the English court (Nabil Tadros & anor v (1) Simon Barratt & ors [2014] EWHC 2860 (Ch))

Mark’s other experience includes:

Hostile and non-hostile applications in the Court of Protection, including applications relating to statutory wills, tax-planning and removal of attorneys

Advising trustees and beneficiaries in connection with professional negligence claims against solicitors and other advisers

Variation, interpretation and rectification of wills and trust deeds

Trust applications and proceedings in, amongst other jurisdictions, Jersey, Guernsey, British Virgin Islands, Cayman Islands and Bermuda

International probate, including the re-sealing of foreign grants and administration of UK assets in foreign estates

Legal 500, Next Gen Partner 2017 – 2021

Chambers HNW, Ranked Individual, 2019 – 2020

Citywealth – Top 100 Trust Litigators, 2020

Legal Week Private Client Global Elite, 2018 – 2019

Citywealth Future Leaders, Lawyer of the year (Bronze), 2018

Spears 500, Recommended Tax and Trust Lawyer, 2018

Trans Trust Bermuda 2020 (Virtual): Fixing Settlor and Trustee Mistakes

Trusts and Estates Litigation Forum 2020: Legitimate children, trusts and human rights

TransTrusts Bermuda 2019: Crociani Revisited

ConTrA: Trusts In Litigation 2019: Estate Planning & Succession – Freedom of Disposition

STEP Isle of Man Annual Conference 2018: Practice and procedure in applications for the court’s blessing of momentous decisions by trustees

International Trust Disputes (Co-author with Andrea Zavos)

Planning and Administration of Offshore and Onshore Trusts (Co-author, with Simon Rylatt and Clare Pooley)

Business Families and Family Businesses – STEP Handbook for Advisers 2018

Tolley’s Estate Planning

Society of Trust and Estate Practitioners (STEP)

STEP Contentious Trusts

Estates SIG Global Steering Committee

Registered Contentious Trust and Probate Specialist (Association of Contentious Trust and Probate Specialists)

STEP Advanced Certificate in International Succession and Probate

ConTrA (Contentious Trusts Associates)

University of Exeter

Qualified as a solicitor in 2008