Alex Troup Head of Wills and Trusts Team

Transcription

1 Alex Troup Head of Wills and Trusts Team Call 1998 (Gray s Inn) Qualifications MA (Oxon) Literae Humaniores, William Shaw Scholarship and Karmel Award (both Grays Inn) Professional Memberships Chancery Bar Association, Western Chancery & Commercial Bar Association, Association of Contentious Trust And Probate Specialists (ACTAPS), The Society of Trust and Estates Practitioners (STEP), Committee member of STEP Bristol Branch. Practice Overview Alex has a thriving chancery and commercial practice with a particular emphasis on the following areas: Contentious probate and administration of estates Trusts Property litigation Court of Protection Associated professional negligence claims Mediation Alex has been consistently recommended as a leading junior in Chambers UK, Legal 500 and Legal Experts. Quotations from the latest editions are as follows: "He is very good, he has a very strong reputation in this field - he's really knowledgeable but also very approachable. He really is my favourite because of his approachability, his knowledge and expertise." "In terms of legal ability, he is top class, really top class." Chambers UK, Chancery Law (2018) He has expertise in contentious probate issues. Legal 500, Commercial, banking, insolvency and Chancery law (2017) "His calm but authoritative manner make him ideal for managing difficult situations effectively." "He adeptly navigates the very tricky waters in family relationships." Chambers UK, Court of Protection (2018) Calm, wise and candid, with a defined sense of authority. Legal 500, Court of Protection (2017) "Very thorough and good at dealing with difficult points." "Straight-talking and diligent." "A very good advocate who provides sound commercial advice and gets on brilliantly with clients." Chambers UK, Real Estate Litigation (2018) His tactical guidance is spot-on. Legal 500, Property (2017) "He is a great choice for trusts and property related matters." Legal 500, Agriculture and Rural Affairs (2017) In previous editions Alex has been described as highly skilled and approachable, and has good legal and people skills, a formidable advocate, a star of probates, among the most skilful barristers and as having a real commercial brain. Alex lectures extensively in his areas of expertise, mainly to firms of solicitors, law societies and specialist organisations.

2 Alex is qualified to undertake public access work in appropriate cases. For further information, please visit our Public Access page. Alex has been trained as a mediator with the London School of Mediation and works both as a mediator and as a representative at mediations. Areas of Practice Agriculture & Rural Affairs Alex has wide-ranging experience of cases involving agriculture and rural affairs, including in particular real property disputes, agricultural tenancies, partnership issues, proprietary estoppel claims, contested wills and probate, and claims under the Inheritance (Provision for Family and Dependants) Act Commercial Dispute Resolution Alex has experience of a wide range of general commercial litigation, ranging from standard contractual cases and sale of goods, to more specialist areas such as partnership disputes, construction contracts, agency and suretyship. Alex has recently been described by Chambers UK 2013 as having significant experience on a number of commercial chancery matters. Court of Protection Alex has been instructed in a wide variety of Court of Protection cases, for the most part involving property and affairs disputes. He is familiar with contested LPA and deputyship applications, applications for authorisation of inter vivos gifts, statutory wills, and cases involving allegations of financial abuse. He has also been instructed by attorneys and deputies to pursue litigation against third parties. He has appeared in the Court of Protection in London, Bristol and Cardiff. Family Finance including ToLATA and Inheritance Alex has extensive experience in dealing with disputes between unmarried couples relating to property ownership in light of Stack v. Dowden and Jones v. Kernott, and claims under the Inheritance (Provision for Family and Dependants) Act He has successfully represented clients not only at trial, but also at mediations and Financial Dispute Resolution appointments. He has lectured widely on these subjects, including to Resolution and the Bristol Law Society. Mediation Alex is a mediator with particular experience of dealing with contentious probate, trust and property disputes. He adopts a friendly but no-nonsense approach to mediations and has a high success rate for achieving settlements. Alex s recent experience as a mediator includes cases involving the following practice areas:

3 Agricultural tenancies Constructive trust/trusts of Land and Appointment of Trustees Act 1996 Donatio mortis causa Disputes over chattels Inheritance (Provision for Family and Dependants) Act 1975 Lasting Powers of Attorney/Deputyship Lifetime gifts Lost/missing wills Proprietary estoppel Property and Real Estate Alex's property practice encompasses the full range of real property issues, including landlord & tenant work. He has appeared in courts at all levels in relation to property disputes, including an appearance as junior counsel in the House of Lords in Bettison v. Langton [2002] 1 AC 27, a case concerning rights of common. He also has extensive experience of adjudications before HM Land Registry. Professional Negligence Alex has acted in a wide variety of professional negligence cases, for both claimants and defendants, mainly relating to his specialist areas of practice. He has regularly acted in professional negligence claims against solicitors, surveyors, architects, executors and trustees. He was recently asked to speak at the Professional Negligence Lawyers Association seminars in both London and Bristol. Wills, Trusts and Tax Alex is known for his specialism in this area, being described in Chambers UK 2012 as a "star of probates". His practice includes both advisory and contentious work relating to trusts, wills and the administration of estates, including claims based on proprietary estoppel and under the Inheritance (Provision for Family and Dependants) Act Public Access Alex is qualified to undertake Public Access work in appropriate cases, for further information, please visit our Public Access page. Reported Cases Thompson v. Ragget and others [2018] EWHC 688 (Ch) Claim by cohabitee under the Inheritance (Provision for Family and Dependants) Act 1975 In the estate of Shirley Brindley deceased, sub nom Brindley v Brindley [2018] EWHC 157 (Ch) whether a lifetime gift of property by mother to one of her sons should be set aside on the ground of undue influence Re DMM, sub nom EJ (as attorney for DMM) v bsd [2017] EWCOP 32 determination of the appropriate legal test for capacity to marry under the Mental Capacity Act In the matter of an application by the University of Chester [2016] UKUT 457 (LC) application to modify restrictive covenants so as to permit the construction of a new community rowing facility on the bank of the River Dee in Chester. Kellie v Wheatley & Lloyd [2014] EWHC 2212 (TCC); [2014] EWHC 2886 (TCC) - professional negligence claim against an architect and associated costs decision concerning indemnity costs.

4 Re Robson Deceased, sub nom White v Matthys and others this case raises the novel issue of whether a testamentary gift in favour of a political party (in this case, the British National Party), made by an English person resident abroad but not registered on the electoral register prior to his death, is invalidated by Part IV of the Political Parties Elections and Referendums Act The Judge, Mr Richard Sheldon QC sitting as a Deputy High Court Judge, held that the gift was invalid. Further, whilst the BNP had attempted to avoid this conclusion by executing a Deed of Variation of the testator s will in favour of a widely drafted charitable trust, the Judge held that the charitable trust could not be in any better position than the BNP itself. The consequence was that the gift failed and passed to the testator s two sons on intestacy. Fox v Jewell [2013] EWCA Civ Court of Appeal decision as to whether it is appropriate to order the hearing of preliminary issues in the context of a contentious probate dispute. Thomas v Jeffery and others [2012] EWCA Civ 693; (2012) 162 NLJ 845 (Court of Appeal) costs of a claim by adult child under the Inheritance (Provision for Family and Dependants) Act Drake v Fripp [2011] EWCA Civ 1279; [2012] 1 P&CR 4 (Court of Appeal led by Leslie Blohm QC) effect of the general boundaries rule on registered title to land, and its effect on the ability to rectify a registered title; construction of conveyance by reference to physical features. Cowderoy v Cranfield [2011] EWHC 1616 (Ch); [2011] WTLR 1699 (Morgan J) validity of will disputed on grounds of testamentary capacity, want of knowledge and approval and undue influence. Drake v Fripp [2010] EWHC 2238 (Ch) (Ms Susan Prevezer QC sitting as a Deputy High Court Judge) High Court appeal from Land Registry Adjudicator concerning the proper construction of a Transfer and alteration of the Land Register under the Land Registration Act Stephens v Grills [2010] EWHC 3795 (Ch) (Kitchen J) High Court appeal from Land Registry Adjudicator concerning adverse possession and estoppel. Bray (t/a Building Co) v. Bishop LTL 19 June 2009 (Court of Appeal) the Court s approach where the parties have settled all issues save for costs. University of Plymouth v. European Language Centre [2009] TCLR 9; [2009] EWCA Civ 768 (Court of Appeal) whether informal negotiations had resulted in a binding contract Dutton v Davis [2006] EWCA Civ 694; [2006] 2 P&CR DG 19 (Court of Appeal) whether the sale and lease back of a property was in substance a mortgage. Thomas & Anor v Kent [2006] EWCA Civ 1485; [2007] WTLR 177 (Court of Appeal) the proper construction of a will. Bettison v Langton [2001] 2 WLR 1605, [2001] UKHL 24, (2001) 82 P & CR 37, [2001] 3 All ER 417, [2002] 1 AC 27, [2001] 21 EGCS 166, [2001] NPC 92 (House of Lords - led by Leslie Blohm) whether rights of common can exist in gross at common law and under the Commons Registration Act Laine v Cadwallader (2001) 33 HLR 36; 33 HLR 36; (2000) 80 P & CR; [2000] EWCA Civ 5562; [2001] L & TR 8; (2001) L&TR 8 (Court of Appeal) assured shorthold tenant s liability to pay rent in lieu of notice. Recommendations "He is very good, he has a very strong reputation in this field - he's really knowledgeable but also very approachable. He really is my favourite because of his approachability, his knowledge and expertise." "In terms of legal ability, he is top class, really top class." Chambers UK, Chancery Law (2018) He has expertise in contentious probate issues. Legal 500, Commercial, banking, insolvency and Chancery law (2017) "His calm but authoritative manner make him ideal for managing difficult situations effectively." "He adeptly navigates the very tricky waters in family relationships." Chambers UK, Court of Protection (2018) Calm, wise and candid, with a defined sense of authority. Legal 500, Court of Protection (2017) "Very thorough and good at dealing with difficult points." "Straight-talking and diligent." "A very good advocate who provides sound commercial advice and gets on brilliantly with clients." Chambers UK, Real Estate Litigation (2018) His tactical guidance is spot-on. Legal 500, Property (2017)

5 "He is a great choice for trusts and property related matters." Legal 500, Agriculture and Rural Affairs (2017) An exceptional chancery barrister who is adept at handling Court of Protection work. He excels in cases concerning statutory wills, contested deputyship applications and liftetime gifts. Alex is a commanding advocate and has a no-nonsense style to negotiating, which makes him a very formidable opponent. He's very impressive both on paper and in court, and his knowledge of cases is incredible. Understandable in the way he gives advice, he's very highly sought after. " Chambers UK, Court of Protection (Property & Affairs 2017) Alex is a highly regarded chancery barrister who specialises in property litigation, but also remains active in contentious trusts and probate matters. Client-friendly, very impressive on paper and in court and a fantastic advocate - he is a formidable opponent. " Chambers UK, Real Estate Litigation (2017) Alex s practice takes in disputes between farming landlords and tenants, and he is an expert in proprietary estoppel claims. He's really formidable in the area. He's client-friendly, very impressive on paper and a fantastic performer in court. " Chambers UK, Agriculture & Rural Affairs (2017) Alex is a standout junior with a busy traditional chancery practice. Very strong on contentious trusts and probate work and complex property litigation. A rising star of the Chancery Bar specialising in contentious probate litigation who is helpful, robust and clear in his advice. " Chambers UK, Chancery (2017) A leading light and go-to junior in wills, trusts and probate matters. Legal 500, Chancery Law (2016) "Alex is a rising star focusing on contentious probate and property work, Troup is known for tackling estate disputes, including agricultural tenancies and farm ownership. He also handles partnership disputes and proprietary estoppel claims. 'He is a real leading light in contentious probate work.' 'He is unflappable - when emotions are running high he is a calming influence; he cuts to the chase and defuses the situation.' " Chambers UK, Agriculture & Rural Affairs (2016) "Alex is the leading junior on probate in the Western Circuit.' 'An undisputed expert.'" Chambers UK, Chancery (2016) "Alex is a real star. He's very bright, user friendly and he's excellent with clients and on his feet.' 'He's got a real presence in court and his delivery skills are excellent.'" Chambers UK, Real Estate Litigation (2016) "Alex has notable expertise in trusts and contentious probate." Legal 500, Commercial, banking and insolvency (2015) "Alex is knowledgeable about a broad spectrum of property law matters."legal 500, Property (2015) "Alex has strong expertise in probate, trust and property disputes. 'He's extremely forthright really punchy, to the point where on occasion you almost feel sorry for the other side. He just doesn't let up.' 'He immediately builds rapport with clients, quickly identifies the key issues, and gives practical, no-nonsense advice.'" Chambers UK, Commercial Dispute Resolution (2015) "Alex manages a strong chancery practice focusing on probate disputes. He has acquired a fantastic reputation for this type of work and is regularly instructed on contested probates, and associated trust and proprietary estoppel cases. 'He is very good at giving practical advice. He offers solutions where other barristers offer a glut of options.' 'He doesn't shirk away from telling it how it is, and when he's on his feet he is very authoritative. He's very sharp.'" Chambers UK, Chancery (2015) Alex continues to develop a strong reputation for contentious probate work, and is highly regarded for his work on trusts and complex property litigation. He has an ability that you would expect of a much more senior barrister; he has a poise and elegance in oral argument that is deeply impressive. He has a hugely affable personality and he really cares for his clients. His advice is pragmatic, forthright when necessary, and he does not shy away from giving a view in unclear cases. " Chambers UK, Chancery (2014) " Alex is excellent; helpful, decisive and pragmatic, well-liked and admired by clients. He is one of those guys who can perform well in any situation. " Chambers UK, Commercial Dispute Resolution (2014) Alex is considered to be highly skilled and approachable, and has good legal and people skills. He is mainly a traditional chancery man, with the bulk of his practice dedicated to wills, trusts, probate and property matters. He does, however, have significant experience on a number of commercial chancery matters. Chambers UK, Chancery (2013) Alex has been recommended as a Legal Expert in Commercial Litigation. Legal Experts (2012)

6 Star of probates Alex Troup is valued for his ability to reach the crux of a problem quickly. He is also particularly imaginative in his suggestions for reaching compromise. In court, he is admired for his concise style which is blunt and to the point. Chambers UK, Chancery (2012) Alex is noted for his rapidly growing contentious probate practice. Someone with a real commercial brain he is tremendously accessible and approachable. Chambers UK (2011) "Alex is very approachable and good with clients." Legal 500, property (2014) "Alex is knowledgeable, and deals with disputes in a commercial manner" Legal 500, Commercial, banking and insolvency (2014) "The 'technically excellent Alex who is a formidable presence in court. " Legal 500, Commercial, Insolvency and Property (2013) Alex Troup is a formidable advocate. Legal 500, Commercial, Insolvency and Property (2012) Contact details alex.troup@stjohnschambers.co.uk