Lemuel Lucan-Wilson

Property

Notable and recent cases include:

• Successfully representing the defendants in a small-claims trial regarding a property management company’s alleged failure to take necessary steps to prevent dry rot outbreaks.
• Advising as to the correct interpretation of overage provisions.
• Advising and drafting pleadings in relation to a claim for infringement of a right of way.
• Drafting pleadings in relation to a claim for post-sale damage and disrepair.
• Advising clients in claims for disrepair and the extent of landlord repair obligations.
• Successfully settling, following advice and drafting, a claim regarding the construction of boundary wall features.
• Advising on the application of the Party Wall Act 1996.
• Advising on claims for nuisance regarding noise in apartment buildings.

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Trusts, probate and estates: contentious

Notable and recent cases include:

• Acting as junior counsel (led by Jonathan Hilliard KC) in advising a beneficiary of an UHNW multi-jurisdictional trust in overseas proceedings brought by the trustee due to unprecedented geo-political circumstances.
• Advising defendants in pre-issue contested probate matters including issues of lack of capacity, undue influence and the validity of debts allegedly owed by the estate.
• Advising and representing clients in various TOLATA claims, up to and including trial, closing submissions and costs, as well as pre-action assistance in drafting letters before claim and responses thereto.
• Advising on the application of sections 27 and 61 Trustee Act 1925 regarding an executor who had mistakenly paid out the estate wrongfully.
• Advising on the removal of a trustee for failure to deal with the trust fund.
• Advising on breach of trust claims regarding an alleged breach by a trustee in their resignation.
• Lemuel frequently advises on the effect and interpretation of deeds of settlement which have been used to settle family law disputes.

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Trusts, probate and estates: non-contentious

Notable and recent cases include:

• Advising as to a proposed trust arrangement for damages obtained by a minor pursuant to CPR 21.11.
• Advising as to the correct interpretation and drafting of wills for purposes of construction and tax, including business property relief.
• Advising as to the inheritance act treatment of a proposed Deed of Appointment in relation to the transfer of a reversionary interest.
• Advice on deeds of variation for wills.

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Professional liability

Notable and recent cases include:

• Advising, drafting and representing various solicitors’ and others’ professional negligence claims from pre-action through to trial, including:
  • Advising, drafting and successfully defending at trial an accountant alleged to have failed to properly advise as to the tax consequences of a business sale.
  • Advising on the loss of potential claims of negligent misrepresentation during a property sale due to limitation periods.
  • Advising and drafting on the failure to correctly identify a pension in divorce proceedings and subsequent potential limitation difficulties.
  • Advising and drafting on the failure to name the correct claimant before the expiration of limitation in a claim regarding mis-selling of interest-rate swap products where the underlying claim had complex issues regarding the calculation of damages and remoteness.
  • Advising on errors in will-drafting and the effect this would have on the taxation of the estate.

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