Beatrice Calderbank

Associate

  • Education: Cardiff University, LL.B.
  • Admitted: England & Wales, 2007
  • Year joined: 2008

Overview

Beatrice is a solicitor in the contentious trust and succession group. She specialises in international and domestic trust and succession disputes and contentious Court of Protection work. Beatrice acts for private individuals, charities, trust officers and organisations to prevent, minimise and resolve disputes.

Beatrice advises on trust issues, often with a cross-border element, including setting aside trustees’ decisions, trusts in divorce, Public Trustee v Cooper type applications seeking Court approval of trustee decisions, variation and termination of trusts, fraud and tracing.

She deals with succession disputes including proprietary estoppel, claims under the Inheritance (Provision for Family and Dependants Act) 1975, validity disputes (including testamentary capacity, undue influence, fraud and forgery), rectification and construction of wills and trusts and misappropriation of estate assets.

Beatrice advises on disputes concerning executor/trustee fees and allocation of costs, and removal of trustees, protectors and executors. She also advises on professional negligence arising out of tax and estate planning and the administration of trusts and wills. 

Highlights

  • Beatrice and Paola Fudakowska were involved in JF and MF v Hexagon Investments Limited [2014], in which the Cayman Grand Court considered whether transfers had been made onto trust which would have given rise to a significant tax liability.
  • In 2014, Beatrice and Dawn Goodman acted in a 2014 reported case in which an account was taken of a professional trustees' fees.
  • Beatrice acted in Fischer v Diffley [2013] EWHC 4567, a validity dispute in which the claimants alleged the deceased lacked testamentary capacity.
  • Beatrice and Paul Hewitt acted for the trustees from first instance to the Supreme Court in the Hastings Bass matter of Futter v Futter in their application to set aside an advancement as a result of incorrect tax advice. The first instance decision is reported at [2010] WTLR 609 and the Court of Appeal decision at [2011] All ER 450. Click here to download the Supreme Court decision.
  • Beatrice acted in RBS Coutts (Cayman) Ltd v W and Others [2010] (2) CILR 348, a landmark case on trusts in divorce and Cayman firewall legislation, in which the Cayman Grand Court gave guidance as to whether Cayman trustees should submit to the jurisdiction of foreign courts, should indicate how they may exercise their discretion in the future, and how they should act when faced with ‘judicious encouragement’ from a foreign court, or when faced with an order of the foreign court purporting to vary a trust governed by Cayman law.
  • Beatrice and Paul Hewitt helped charities to resolve a proprietary estoppel claim in which the deceased's nephew claimed he had been promised his uncle's farm, worth over £5,000,000.
  • Beatrice and Dawn Goodman helped a high net worth Thai family to resolve a geographically and legally wide ranging trust dispute.
     

Publications and speaking engagements

  • Contributor to the legal update for the Institute of Legacy Management
  • Contributor to the Probate Practitioners' Handbook, 6th Edition
  • Speaker at the Law Society Probate Section Private Client Conference on ‘Avoiding litigation – the essentials for the non-contentious practitioner’, 5 July 2013
  • Annual contributor to Legacy Labyrinth, Withers' conference for the legacy administration sector.

Memberships

  •  Association of Contentious Trust and Probate Specialists (ACTAPS)

On a personal note

Beatrice enjoys spending time with her family, including her husband, daughter, horses, lurcher and Polish hens.

You are now leaving Withersworldwide and visiting Withers Consulting Group (WCG) website. Please note WCG does not offer legal services and is therefore not regulated by the Solicitors Regulation Authority or other regulating body. WCG works independently of Withersworldwide. For further information please see WCG's +Regulatory Notice +