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Stephen is the European Regional Division Leader for the trust, estates and inheritance disputes team and the family team, and a partner in the trust, estate and inheritance disputes team. He also co-heads the Withers' mental capacity and vulnerable persons team.
Stephen advises a range of clients (private individuals, beneficiaries, trustees, executors, deputies, attorneys and charities) in relation to disputes, often involving international and cross-border issues, about succession / inheritance, capacity and trusts.Stephen has particular expertise advising on situations concerning lack of capacity and vulnerable adults, regularly acting for applicants and respondents in the Court of Protection. The importance of these issues, both in the UK and elsewhwere, is highlighted in Stephen's article for Tatler. Stephen also regularly advises in relation to investigations by the Office of the Public Guardian.
In his trusts and succession work, Stephen advises on challenges to the validity of documents (including wills), beneficiary disputes, issues of construction and rectification of wills and deeds, constructive trust and proprietary estoppel claims, claims under the Inheritance (Provision for Family and Dependants) Act 1975, and professional negligence claims involving estate planning, trust and succession issues.
Stephen has spent time at the Official Solicitor's Department on secondment.
Directories describe Stephen as "clever and tenacious" and "a strong combination of iron fist and velvet glove."
Recent recognition
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Me in a minute
I think that in many ways being a cyclist is like being a litigator.
Track record
Acting for four of the Hinduja siblings in proceedings before the Court of Protection concerning their brother
The proceedings, concerning one of Britain's best known businessmen, considered the circumstances in which a Lasting Power of Attorney came to be executed as well as health and welfare issues.
Stephen lead the Withers' team, including Natasha Stourton, Richard Walker, Alex Dix, Rosalind Russell and Alice Tomlin at both First Instance and the Court of Appeal.
£17m gifting application in the Court of Protection
In FL v MJL Stephen, Deborah Nicholls-Carr, Julia Abrey and Richard Walker acted for the Deputy in an application to the Court of Protection to make gifts totalling £17 million to family members and charities from the funds of an incapacitated person. This was a significant and novel case which clarified the law on the authorisation of gifts for tax planning. Click here to read the judgment.
Claim in respect of negligent trust tax advice
In Etroy v Speechly Bircham (2023) Stephen, Deborah Nicholls-Carr and Zoe Gaskell acted for Stefan Etroy in his successful claim against his former solicitors in respect of negligent tax advice in relation to a trust. The negligent advice triggered a tax liability in excess of £1 million. Click here to read the judgment.
UHNW Lasting Power of Attorney and welfare dispute
Withers acted for the well-known businessman Gopichand Parmanand ('GP') Hinduja and his siblings in Court of Protection proceedings concerning the health, welfare, property and affairs of his brother, Srichand Parmanand Hinduja. It is believed to have been amongst the longest-running and most complex Court of Protection disputes, spanning over twenty hearings on a wide range of issues. In August 2022, Mr Justice Hayden delivered two judgments (here and here) lifting all reporting restrictions, but at the Court of Appeal GP argued successfully that some restrictions should remain in place to preserve his brother's privacy. The Withers team was led by Stephen Richards and included Natasha Stourton, Richard Walker, Alexandra Dix and Rosalind Russell. Read the Court of Appeal's judgment here.
Will interpretation
Stephen Richards, along with Alexandra Dix, acted for the successful claimant in Tish v Olley & Others [2018], where the judge agreed with their interpretation of the will. Click here to read our briefing note on the case and here for the judgment.
Isle of Man trust structure
Stephen, together with Ceri Vokes and Olivia Turner, set aside a previous transfer of shares into an Isle of Man trust structure, which mistakenly resulted in adverse tax consequences. Working with Isle of Man advocates we also advised on making the relevant arrangements for minor and unborn beneficiaries. Read the Judgment here
RSPCA
Stephen together with Paul Hewitt acted for the charity in RSPCA v Sharp & Others [2010] in which the Court of Appeal unanimously upheld the RSPCA's case that its benefactor, the late George Mason, had intended his estate to pass free of inheritance tax. Click here to read our summary of the case and click here read the Judgment.
Removal of trustee
Successfully removed a Trustee of a multi-million trust in the High Court.
Talks
- Private Client Minds of the Future Conference – September 2025
- 10 Old Square Court of Protection Conference – June 2025
- STEP Conferences in London, Bristol and Leeds on incapacity and vulnerable adults – October and November 2024
- ILM Conference – November 2024
- Internation Trusts & Estates Litigation Forum – February 2024
- FIRE Channels Islands Conference (Guernsey) – September 2023
- Withers Trust Litigation Academy – August 2023
- Association of Contentious Trust and Probate Specialists (ACTAPS) – June 2023
Insight
External publications
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' You never know what's around the corner: would you be ready if you or your loved ones lost mental capacity tomorrow?', in partnership with Tatler, July 2024
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'Finance and Law for the Older Client', Legal Capacity chapter in Tolley's
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The Institute of Legacy Management
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'Probate Disputes and Remedies', Court of Protection chapter in Jordans
Admissions
England and Wales, 2004
Education
Southampton University, LL.B
Languages
- English
Memberships
Association of Contentious Trust and Probate Specialists
Charity Law Association
Key dates
- Year joined: 2002
- Year became partner: 2013