Joss is a wills and trusts specialist, ranked as a leading junior in Chambers UK and the Legal 500.
Joss has particular expertise in probate claims, claims under the Inheritance (Provision for Family and Dependants) Act 1975, disputes concerning the construction and rectification of wills, and claims for an interest in property on the basis of proprietary estoppel, resulting trust or constructive trust.
Joss also advises on all matters relating to the estate administration, and has particular experience in applications for the removal of executors under s.50 of the Administration of Justice Act 1985, and the administration of insolvent estates.
He regularly acts in claims where the validity of a will is disputed on the grounds of lack of capacity, undue influence or want of knowledge and approval, recently appearing for the successful claimant in Oliver v Oliver [2024] EWHC 2289 (Ch).
Reported cases include:
- Oliver v Oliver [2024] EWHC 2289 (Ch) – Trial before HHJ Matthews in the High Court in Bristol. Joss represented the claimants, who successfully overturned the last will of their late father on the grounds he lacked testamentary capacity and further, was the subject of undue influence exerted by the Defendant. Read more here.
- Larsen & Anor v Annan [2023] EWHC 662 (Ch) – Claim under the Inheritance (Provision for Family and Dependants) Act 1975 in the High Court in Cardiff before Zacaroli J. Joss represented the claimants, who were children of the deceased in a claim which was partially successful.
- Bracey v Curley [2022] EWHC 359 (Ch) – Trial for a determination of the true construction of a will, alternatively rectification. Joss represented the Defendants in a claim where rectification was granted, with consideration also given to whether to make a third-party costs order against the will drafting solicitors.
- Culliford v Thorpe [2018] EWHC 426 (Ch) – Joss represented the defendant who successfully established that the estate of his late partner held property on constructive trust for him, alternatively on the basis of proprietary estoppel.
Joss is a member of the Chancery Bar Association and ConTrA. He regularly lectures on wills and estates matters, and has written for Trusts and Estates Law & Tax Journal.