Joss Knight

Joss is a specialist chancery barrister with particular expertise in wills, trusts and probate disputes, professional negligence and Court of Protection claims.

Joss is ranked as a leading junior across these areas, both in the Legal 500 and Chambers UK.

His trusts, estates and probate practice deals with all aspects of contentious practice including:

• Contentious probate/will validity disputes, including assertions of undue influence, want of knowledge and approval and lack of capacity. Joss recently appeared for the successful claimants in Oliver v Oliver [2024] EWHC 2289 (Ch). For more information please click here.
• Claims for provision under the Inheritance (Provision for Family and Dependants) Act 1975, including for the claimants in Larsen & Anor v Annan [2023] EWHC 662 (Ch).
• The rectification and interpretation of wills. He acted for the defendants in Bracey v Curley [2022] EWHC 359 (Ch).
• Applications to remove executors and administrators under section 50 of the Administration of Justice Act 1985.
• Professional negligence claims against solicitors, will drafters and professional executors.
• Proprietary estoppel claims. Joss acted for the defendant in Culliford v Thorpe [2018] EWHC 426 (Ch) who successfully established an interest in property against the estate of his late partner.

Joss’s has an extensive professional negligence practice and acts on behalf of claimants, defendants and insurers in claims against solicitors, architects and construction professionals. Early on in his career, Joss spent several months on secondment at RPC LLP dealing primarily with negligence in construction matters.

His solicitors’ negligence caseload often links with his chancery/real estate practice, including claims concerning the negligent drafting of wills, the maladministration of estates and negligence in conveyancing and litigation.

Recently, Joss acted for the defendant in Bracey v Curley [2022] in which the court considered the alleged negligence of the will draftsman and the potential for a non-party costs order against the solicitors following an order for rectification.

Joss has a growing Court of Protection Practice, acting primarily in property and affairs matters. He is regularly instructed in disputes relating the validity of Lasting Powers of Attorney, statutory wills claims and deputyship applications.

Recently, he represented the successful applicants in Re K (2022) COP (unrep) who sought and obtained orders removing the respondent from his position as attorney for health and welfare and property and affairs and appointing them as deputies in his place.