James Smith

Associate

Personal Profile

James is an 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 also 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. 

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.

Career History

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

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