Julia regularly advises on issues arising with P’s Property and Affairs. She has experience of enforcing security bonds against Deputies; the appointment, removal and control of Deputies. Julia frequently advises on the procedure for Attorneys and/or Deputies to engage in to be authorised to conduct litigation on behalf of P. Statutory wills and the attorney and deputy liability for gifts/monies received and applications for approval. Her expertise in this field is recognized by the fact that she has been an editor of the Court of Protection Law Reports for Property and Affairs since 2016. Julia has extensive experience of statutory wills being used in circumstances where a legacy in an existing will has been adeemed usually by the sale of a property to meet care home fees. As an adjunct Julia is often engaged by parties seeking expertise in what amounts to preservation of property under Schedule 2 MCA 2005 of an adeemed gift after the death of P. And chancery Division proceedings after P’s death pursuing loss on behalf of the Estate because of the Deputy’s conduct – typically self dealing or sale at an undervalue. Julia also has experience of advising on statutory wills for conservative estate planning/ tax purposes in the best interests of P.
Notable Cases
- Proles v Kohli Deceased [2018] EWHC – Judgment awaited
Seeking to establish as a preliminary issue in a 5 day trial that the Deceased had acquired the UK as his Domicile of Choice at the date of death. Representing the Deceased’s 4 year old child wishing to bring a claim for reasonable financial provision against his Estate under the 1975 Act. Resisting further late argument that the Deceased had (even if established) legally abandoned any Domicile of Choice. £2.5 million international Estate with complex financial and corporate structuring. Opposing factual matrix presented by Indian family and wife on behalf of Estate. Asserting extensive English financial footprint; intention and residence
- Kneel v Kneel [2017] EWHC Master Clark
Successfully removing a co-executor pursuant to S50 Administration of Justice Act 1985 Co-executor refusing to cooperate in sale of Deceased’s home which she remained in occupation of; wind up the Estate; or correspond with the Estate’s solicitors such that co-executor could not comply with duties under S25 AEA 1925. ‘Welfare of the beneficiaries’ test made out. Satellite litigation to obtain occupation of the property