Withers Worldwide

• Education: University of Kent at Canterbury, Law with a Contemporary Language (French)
• Admitted: England and Wales, 1996
• Languages spoken: French
• Year joined: 1997
• Year became partner: 2002

Overview

Paul is a partner in the Contentious Trust and Succession group and also heads the firm's work for charities and not for profit organisations on legacy work.

He specialises in all types of trust (offshore and domestic) and probate disputes, acting for both beneficiaries and trustees or personal representatives, including disputes relating to the validity of wills, Inheritance (Provision for Family and Dependants) Act 1975 claims, construction and rectification of wills and trusts, disputes over estate and trust administration including professional charges and investment disputes.

Paul appears regularly in the Court of Protection on statutory will applications, disputes over the appointment or conduct of attorneys and deputies, and applications for gifts and other transactions involving those unable to manage their own affairs ocassionally acting as 'litigation friend'.

He also advises on professional negligence claims arising out of trust and estate administration, and failed estate and tax planning.

Paul is listed as a leading practitioner in Chambers UK 2008 described as 'effective in negotiations and litigation' and 'resolution-oriented'.

Paul is regularly asked to comment on a range of subjects for the press. Some recent topics for FT.com include:

• Don't rely on a will's default provisions
• Can changing a will avoid care fees?
• Can I challenge my father-in-law's will?

Highlights

•  September 2008 - National Animal Welfare Trust v Miller, assisted by 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.
• July 2008 - assisted by Henrietta Mason, Paul secured, in a private hearing, the accelerated distribution of a multi-million pound estate where executors were concerned about potential liability to overseas tax. 
• March 2008 - Bowen v Garrity and others , with Sue Medder secured dismissal through negotiation of combined 1975 Act and validity challenges.
• February 2008 - secured recovery for executors of a significant bank balance where the deceased had transferred an account into joint names shortly before death and the surviving owner claimed to be entitled to the beneficial interest (confidentiality provision).
• January 2008 - World Society for the Protection of Animals and others v Bowman. Paul, assisted by Stephen Richards, obtained a High Court order for the removal of an executor who was failing to administer the estate in accordance with the will. The executor was ordered to pay the charities' costs.
• January 2008 - concluded a dispute over the presumed revocation by destruction of a will, successfully ensuring recovery for the daughter entitled on intestacy.
• January 2008 - mediated a dispute on behalf of two national charities involving a challenge to the validity of a will executed just before death which deprived them of a major estate and recovery of assets allegedly transferred out of the estate pre death (confidentiality provision).
• December 2007 - defended in negotiation the validity of a will under which clients benefited and resolved a competing 1975 Act claim in a £1.5m estate (confidentiality provision).

Publications and speaking engagements

• Paul is a co-author of the Law Society's  Inheritance Act Claims.
• He is a co-author of Probate Disputes, second edition published by Jordans.
• Paul is the author of the Tolley's Charities Manual chapter on legacy income published by LexisNexis.
• Paul has contributed to Practical Will Precedents, and McCutcheon on Inheritance Tax (both Sweet and Maxwell).
• Paul is a co-author of the Institute of Legacy Management Wills and Probate Update, and the New Law Journal Wills and Probate Update.
• He is a contributor to Legal Network Television programmes including ‘Trusts and Estates: a role fraught with personal risk' 2005; ‘Risk Management' 2006; ‘Claims Under the Inheritance Act 1975' 2007 and 'Private client: troublesome trustees, executors and beneficiaries' June 2008.
• Speaker and Chair Legacy Labyrinth January and February 2008.
• Speaker at NCVO/ Institute of Fundraising ‘Legacy Fundraising from scratch' January 2008.
• Speaker at STEP Student Seminar 2008 - 'A Family Conflict?' 27 March 2008 (London) and 25 September (Leeds)
• Speaker at STEP Sussex - 'The Relevance and Dangers of Undue Influence in Wealth Planning' 19 June 2008
• Jordan's Wills, Trusts & Probate Seminars Autumn 2008: Tuesday 23rd September (Birmingham)
• Institute of Legacy Management Court of Protection Conference, Wednesday 24 September (London).

Future speaking engagements

• 4me Convention Nationale des Avocats 2008, Friday 17 October (Lille).
• Reformes des tutelles: La protection en 'Common Law', Illustrations 'transfrontalière' (France/Grande Bretagne)

Memberships

• Association of Contentious Trust and Probate Specialists
• Law Society Probate Section
• Charity Law Association
• AIJA (International Association of Young Lawyers)