Withers Worldwide

Overview

Paola acts for individuals, institutions and charities in relation to all kinds of contentious trust and succession cases, both domestic and international.

She frequently advises on the validity of wills, including fraud, capacity, undue influence, construction, rectification, constructive trusts, proprietary estoppel and claims under the Inheritance (Provision for Family and Dependants) Act 1975; also Court of Protection work and professional negligence claims in relation to estate planning, trust and succession issues.

Paola is also a member of the firm's Arts & Cultural Assets Group.

She acts for private families in relation to loans of artwork and objects to public institutions. She also advises TATE and the Spoliation Advisory Panel.

Highlights

National Animal Welfare Trust v Miller, assisting Paul Hewitt, Paola Fudakowska obtained an order for the removal of a solicitor executor who was failing to administer the estate. The executor was ordered to pay the charity's costs.

(1) David Warner (2) SMP Trustees Limited v Sir Charles Masefield & Others and Merriman White (a firm) (2008) EWHC 1129 (Ch)
Acting for the successful applicant trustee company in relation to a claim for breach of warranty of authority.

Publications and speaking engagements

Paola contributes to the Wills and Probate update in the New Law Journal.

She is a contributor to Legal Network Television programmes including Private Client: Secret Trusts and Mutual Wills (April 2008)

Memberships

• Association of Contentious Trust and Probate Specialists (ACTAPS)
• AIJA - Association Internationale des Jeunes Avocats (International Association of Young Lawyers)
• AIJA - Litigation and Private Clients Commissions

On a personal note

Paola is participating in The Everest Test 2009, a British led expedition to attempt a world record for the highest altitude recorded for an official match of sport.

The Everest Test 2009 will be an official Twenty20 cricket match on the Gorak Shep plateau located near Everest Base Camp. The Guinness Book of World Records will be officiating and has endorsed the attempt. The aim is to raise £250,000 for Comic Relief and The Himalayan Trust UK.