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Clare Stanley QC

Call: 1994    QC: 2015

+44 (0)20 7306 0102cstanley@wilberforce.co.uk

Trusts, Tax, Probate & Estates

Particular areas of expertise:

  • Contentious trust litigation between beneficiaries and trustees, and claims by third parties.
  • Disputes involving wills, estates and family provision.
  •  International cross-border trust litigation.
  •  Trust arbitration

Recommendations for Trusts, Probate & Estates:

  • Judges are very complimentary about her and how she controls matters. She absolutely knows what she is doing and takes total command of the case by dint of her easy and straightforward manner.” Chambers & Partners, 2018
  • “Clare is insightful and can really help clients with overall strategy. Her turnaround time is amazing and she is very amiable.” Chambers & Partners, 2018,
  • Clare “is recognised for her strong experience in contentious trusts and probate litigation. One lawyer comments: “She makes very informed insights about the case and she can really help clients with overall strategy.” Chambers HNW, 2017
  • She is exceptionally bright and very easy to work with.” Legal 500, 2017
  •  “Clare Stanley QC is regarded by peers as a standout name in the field, and is internationally recognised for her excellent private client practice.” Who’s Who Legal,2017

Recent cases:

  • Black v Purkiss (2016): trial of a claim to set aside inter vivos gift of real property for lack of capacity and undue influence
  • Baker v Dunne [2016] W.T.L.R. 1489: Beddoe orders in the context of enforcement of a judgment obtained by the trustee
  • Preedy v Dunne [2015] W.T.L.R. 1795: scope and nature of trustees’ powers under TOLATA
  • Freedman v Freedman [2015] W.T.L.R. 1187: trial of a Pitt v Holt claim to set aside a discretionary settlement for mistake.
  • Hinds v Hinds [2015] Cayman Court of Appeal: competing claims by two separate estates to ownership of valuable pieces of land in Cayman; limitation and laches, derivative claims.
  • Brudenell-Bruce (Earl of Cardigan) v Moore & anor [2015] W.T.L.R. 373; high value claim for breach of trust in relation to duty to repair trust property; removal of trustees (Clare acted for the successful trustee).
  • Challinor v Juliet Bellis (A firm) [2015] EWCA Civ 59 – now one of the leading cases on Quistclose / resulting trusts.

Other relevant cases:

  • Acting for beneficiaries of trust settled by late grandmother for an account against trustee (their aunt) and trustee de son tort (their uncle)
  • Acting for trustees of two family trusts settled by late grandfather, compromising claims under terms of conditional agreement for appointment of new trustee and division of trust property amongst two sides of the family
  • Acting for executors of high value estate offshore – questions of construction of bequests and legacies, meaning of residuary estate, completion of administration
  • Acting for partner of deceased in a 1975 Act claim relating to high-profile estate
  •  Acting for defendant children in a 1975 Act claim brought by their father’s partner; issue concerns value of non-majority shareholding in a family business
  •  Acting for defendant widow in a 1975 Act claim brought by adult child of first marriage
  • Acting for offshore personal representatives in an action challenging the validity of a Jersey trust as a sham / device to evade UK tax
  • Advising Jersey trustees accused of “gross negligence”