James Smith

James is a Managing Associate in the Private Wealth Disputes team in the firm's Private department.

He is involved in a wide range of disputes relating to probate, the validity of Wills, intestacy, international succession, claims for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, trusts, mental capacity and the Court of Protection, administration actions under Part 64 of the Civil Procedure Rules (such as the determination of questions arising in the administration of an estate or a trust) and applications for directions. 

His clients are individuals, trustees, corporate entities, personal representatives (professional and non-professional) and charities. 

James has experience in litigation relating to property such as claims under the Trusts of Land, Appointment of Trustees Act 1996 and the enforcement of judgments. 

James is also a member of the Association of Contentious Trust and Probate Specialists (ACTAPS).

Key Experience

• Bathurst (Wesley) v Chantler and Ors [2018] EWHC 21 (Ch) Representing Lady Bathurst in relation to issues of assent and construction of a trust created by a Statutory codicil.
• Representing a spouse in contentious probate proceedings challenging the validity of a disputed will and recovering costs on a partial indemnity basis.
• Advising the executor and beneficiary of an estate in relation to a claim for financial provision pursuant to the Inheritance (Provision for Family & Dependants) Act 1975.
• Representing a partner in relation to a disputed dissolution of partnership and following judgment advising the client in relation to enforcement and a claim pursuant to section 14 of the Trusts of Land and Appointment of Trustees Act 1996.
• Representing executors and trustees in a claim for an account regarding the administration of an estate.
• Advising a beneficiary of a strict settlement under the Settled Land Act 1925.
• Acting for a member of a well-known family and advising on the relationship with the trustees of various family structures which include Liechtenstein foundations and Cayman, Bermuda and New Zealand trusts which hold assets in many jurisdictions.
• Advising on the appointment of litigation friends.
• Advising on the appointment of representatives of deceased parties under CPR19.12 (formerly CPR19.8).
• Acting in a multi-billion pound dispute for an ultra-high-net worth family in a dispute involving allegations of civil fraud and a cross-border estate dispute involving issues such as forced heirship, conflicts of law and a matrimonial property regime across many jurisdictions, including: England, USA, Monaco, Panama, Latvia, Switzerland and Cyprus.

Career History

Managing Associate, Mishcon de Reya LLP
Associate, Mishcon de Reya LLP
Solicitor, Stirling Ackroyd Legal LLP
Solicitor & Trainee Solicitor, Adams Solicitors
Paralegal, Gates & Partners LLP
London Metropolitan University, LPC
University of Sheffield, Bachelor of Laws