Victoria Sara‑Kennedy

Victoria is a Of Counsel in Mishcon de Reya's Private Wealth Disputes team, in the firm's Private department. She advises on disputes, both domestic and international, concerning succession matters, high value trusts and estates, including those with assets held in multiple jurisdictions, and contentious matters in the Court of Protection.

Victoria has experience of a range of issues that can arise when trusts and estates become contested. This includes claims by disinherited spouses and family members under the Inheritance (Provision for Family and Dependants) Act 1975, as well as disputes about less common issues such as invalid wills and claims based on the doctrine of proprietary estoppel. Victoria has acted for clients in disputes within the jurisdiction of the Court of Protection including contested statutory will applications and has advised in relation to Best Interest meetings.

Victoria has advised charities and trustees on a number of matters including removal of trustees, breach of duties and general governance.

Additionally, Victoria has experience advising on contractual disputes, professional negligence disputes, defamation claims and contempt of Court applications.

Victoria is an affiliate member of the Society of Trust and Estate Practitioners (STEP) and has a STEP Advanced Certificate in Trust Disputes. Victoria is also a member of the Association of Contentious Trust and Probate Specialists (ACTAPS) and is a regular contributor of articles on the Firm's website.

Key Experience

• Advising a beneficiary in relation to an inter-generational Will trust dispute where the Will trust holds investment companies thought to be worth approximately £50 million.
• Acting for a charity advising on corporate governance, trustee benefits and the re-structuring of services provided.
• Representing siblings in a dispute over their father's estate and against a bank, both involving Spanish law.
• Acting for the executors and trustees of a substantial estate in relation to claims brought under the Inheritance (Provision for Family and Dependants) Act 1975.
• Advising a US LLC regarding an application for an inventory and account at the Probate Registry and subsequent settlement negotiations.
• Acting for siblings in a long running dispute in the Court of Protection regarding their father's capacity and advising at a Best Interests Meeting and subsequent application for a statutory Will.
• MN v OP – acting for a beneficiary in the context of a variation of trust application and seeking anonymity.
• Acting for a prominent businessman to enforce a settlement agreement in the Court of Appeal against a newspaper which was subjecting him to anti-Semitic abuse and other defamatory allegations.
• Advising clients who have brought and defended claims of proprietary estoppel and constructive trust in an attempt to protect their home.
• Advising in relation to will and codicil disputes including challenges on the grounds of lack of testamentary capacity, knowledge and approval and fraudulent calumny.
• Advising families and protectors on disputes relating to substantial trusts. This often involves working closely with offshore lawyers as part of a wider legal team.
• Advising in cases where issues of capacity arise.
• Acting for siblings in a long running inheritance dispute to determine whether assets held in a Liechtenstein foundation form part of their late father's estate. The claim involved Sharia law and the laws of Switzerland, Liechtenstein and Monaco.
• Representing Dr Christine Gill in the Court of Appeal which upheld the decision to overturn a will leaving the RSPCA a £2.35m farmhouse and land.

Career History

Of Counsel, Mishcon de Reya LLP
Managing Associate, Mishcon de Reya LLP
Associate, Mishcon de Reya LLP
Trainee, Matthew Arnold & Baldwin LLP
College of law, LPC
College of law, GDL
University of Bristol, Classics BA (Hons)