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Mark is a private client partner specialising in litigation regarding trusts, estates, gifts and matters relating to mental capacity both on and off shore.  He also works with individuals, families and trustees in relation to long-term planning needs, drawing on his experience as both a private client and litigation lawyer. Many of Mark's cases are resolved discretely and confidentially out of court, by way of mediation, negotiation and other forms of alternative dispute resolution.

Mark's recent projects

  • Advising the trustees of a valuable landed estate (worth in excess of £100m) in relation to ongoing proceedings in the High Court, including contending successfully for the trustees' preferred construction of the terms of a trust created by a statutory codicil made by the Court of Protection (Wesley v Chantler & Ors [2018] EWHC 21(CH)).
  • Advising the trustees of a valuable landed estate in relation to hostile claims by a beneficiary based on the doctrine of proprietary estoppel, including:
    • a successful application to strike out the claim against the trustees following a three-day hearing (Fielden v Christie Miller [2015] EWHC 87 (Ch))
    • successfully resisting an application by the claimant to amend their statement of case (Fielden v Christie Miller [2015] EWHC 752 (Ch))
    • successfully resisting an application by the claimant for permission to rectify a will out of time and bring new claims for the removal of the trustees (Fielden v Christie Miller [2015] EWHC 2940 (Ch)).
  • Advising the beneficiary of several offshore trust structures worth around £500m in relation to disputes with the trustees and the other beneficiaries, leading to an important judgment in the Guernsey Court of Appeal in relation to the provision of information relating to the trust assets (In the matter of the R and RA Trusts (Gsy C.A.) [470/2014]).
  • Acting on behalf of a foreign charitable foundation in connection with ongoing litigation in England and the Netherlands concerning the validity of testamentary documents, including successfully resisting an application for an anti-suit injunction and freezing order in the English court, in order that the foundation can continue proceedings initiated in its home court (Nabil Tadros & anor v (1) Simon Barratt & ors [2014] EWHC 2860 (Ch)).
  • Advising executors and beneficiaries of UK and international estates in relation to claims under the Inheritance (Provision for Family and Dependants) Act 1975, including claims by minor children, co-habitees and dependants.
  • Advising trustees and beneficiaries in relation to applications under the Variation of Trusts Act 1958 to amend the terms of trusts (including will trusts) and applications to court for the approval of trustee decisions.
  • Assisting attorneys in the discharge of their duties under powers of attorney in the face of hostility, including applications to revoke Lasting Powers of Attorney.

Recent Speaking Engagements

  • Panel Member/Advisory Board Member, KNect365/ConTrA: Trusts In Litigation conference in Reykjavik, February 2018
  • Chaired a panel discussion on fraud and trusts at the inaugural Fresh Perspectives conference in Barcelona in May 2017, co-organised by Boodle Hatfield
  • LexisNexis Webinar, February 2016 "Costs in Trust Disputes"
  • Panel Member, Spear's Wealth Insight Forum, "Flight of the Non-Doms" October 2015
  • Panel Member, Cross-Border Dispute Resolution, TAGLaw Edinburgh Conference 2015
  • Panel Member, International Probate Disputes at IBC UK & Cross Border Contentious Wills & Probate Conference 2015
  • Session Panellist at the TAGLaw Miami Conference 2014, High Net Worth Individuals
  • LexisNexis Webinar, June 2014 "Challenging Wills and Probate"

Publications

  • Business Families and Family Businesses - STEP Handbook for Advisers 2018 (Co-author of the chapter dealing with conflict in family businesses)
  • Tolley's Estate Planning 2016-17 and 2017-18 editions (contributor in relation to treatment of trust and company assets on relationship breakdown)

Qualifications, Education and Memberships

  • University of Exeter 
  • Society of Trust and Estate Practitioners (STEP)
  • Elected Member of the STEP Contentious Trusts and Estates SIG Global Steering Committee
  • Registered Contentious Trust and Probate Specialist (Association of Contentious Trust and Probate Specialists)
  • London Solicitors Litigation Association 
  • STEP Advanced Certificate in International Succession and Probate (Distinction)
  • ConTrA (Contentious Trusts Associates)

Recent awards

How to find us:
London Bankside

Bankside Office

240 Blackfriars Road
London
SE1 8NW
DX 53 Chancery Lane

Telephone: +44 (0)20 7629 7411
Fax: +44 (0)20 7629 2621
Email: bh@boodlehatfield.com

London Mayfair

Mayfair Office

6 Grosvenor Street
London
W1K 4PZ

Telephone: +44 (0)20 7629 7411
Fax: +44 (0)20 7629 2621
Email: bh@boodlehatfield.com

Oxford

Oxford Office

6 Worcester Street
Oxford
OX1 2BX

Telephone: +44 (0)20 7629 7411
Fax: +44 (0)20 7629 2621
Email: bh@boodlehatfield.com

Bankside Office

240 Blackfriars Road
London
SE1 8NW
DX 53 Chancery Lane

Telephone: +44 (0)20 7629 7411
Fax: +44 (0)20 7629 2621
Email: bh@boodlehatfield.com

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