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Simon Atkinson

Call: 2011   

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

Trusts, Tax, Probate & Estates

Simon has a particular interest in trusts, tax, probate and estates work, including in charities law.  He is frequently instructed in his own right, although he has also been led on several larger cases.  His is a mixture of contentious and non-contentious work and in respect of the former Simon appears regularly both in the High Court and County Court.

Recent instructions include:

  • Appearing (with Emily Campbell) for the professional trustees in Labrouche v Frey; Re Olga Martin-Montis Will Trusts [2016] EWHC 268 (Ch). This was a seven-week trial in which a beneficiary of English will trusts alleged numerous breaches of trust by the trustees over a period spanning 1984 to 2010.  The claim raised a number of questions of Liechtenstein, Swiss and English law.
  • Acting for the purchasers of a penthouse apartment in a claim against their conveyancing solicitors for failing to advise in relation to the increased liability to Stamp Duty Land Tax as a result of a proposed variation to the transaction following exchange of contracts but before completion.
  • Advising the trustees of an accumulation and maintenance trust as to whether a proposed distribution would comply with the requirements of section 71 of the Inheritance Tax Act 1984 and thus allow the settlement to remain subject to favourable tax treatment.
  • Acting for several heirs under Saudi Arabian law, who sought to have restrictions entered against the titles of UK properties as beneficiaries of an English resulting trust.
  • Advising the settlor of a charitable trust of steps to take where the terms of all the trustees had expired without new trustees having been appointed.
  • Appearing in the High Court to seek the removal of a co-executor because of his alleged fraudulent activities and to make related specific disclosure and third-party disclosure applications.
  • Advising trustees of a charitable trust as to their powers in relation to the upkeep of a public recreation ground.
  • Appearing in the High Court on behalf of a co-executor in relation to specific disclosure application and directions for the administration of an estate.
  • Appearing in the Court of Protection in relation to the disputed appointments of health and welfare attorneys, and property and financial affairs attorneys.
  • Advising as to whether an inter vivos sale of property at an undervalue would be treated as an advancement under the deceased’s will.
  • Advising the executors of an estate as to potential rectification claims arising out of conveyances of land containing mistakes as to the description of the parcels conveyed.
  • Acting for the beneficiary of two will trusts in professional negligence proceedings brought against the solicitors retained to draft the wills of the testator and testatrix.
  • Appearing in and advising in relation to various claims under the Inheritance (Provision for Family and Dependants) Act 1975, including acting for claimants, defendants and executors.