Natasha has extensive experience of wills, trusts and probate matters. This includes: applications for the removal of personal representatives and/or trustees, breaches of trust and of fiduciary duty (including dishonest assistance and knowing receipt), claims under the Inheritance (Provision for Family and Dependants) Act 1975, construction and rectification, trusts disputes concerning property interests, devastavit, estate administration disputes, insolvent estates, proprietary estoppel, will validity challenges (formal and substantial validity) and Quistclose trusts.
Natasha has a particular interest in rectification claims, will validity challenges, applications for the removal of executors, claims under the Inheritance (Provision for Family and Dependants) Act 1975, estate administration disputes and claims concerning disputes over beneficial interests in property i.e. proprietary estoppel, resulting trust and constructive trust matters. She also has considerable experience of claims involving allegations of physical and/or sexual abuse.
Natasha is regularly instructed as sole counsel on matters of significant value from pre-action through to trial or mediation. She is Deputy Head of the Commercial Team and so is well-placed to advise on matters involving an overlap between the commercial sphere and contentious probate. Natasha is often involved in disputes concerning partnerships and insolvency. She is a contributing author to LexisPSL in respect of Restructuring & Insolvency.
Natasha has been published in the Trusts and Estates Law & Tax Journal several times and has also undertaken the ACTAPS professional development course.
Some examples of Natasha’s cases are:
- Advising on an appeal in respect of a claim for removal of a personal representative who was obstructing estate administration.
- A construction and rectification claim on the basis of clerical error concerning Section 33(2) of the Wills Act 1837. The law firm which had drafted the will was added for cost purposes and instructed a silk. Also involved allegations regarding sham trusts.
- A will validity challenge in relation to an estate initially considered to be worth c. £4.5m but which was discovered to be a potentially insolvent estate. Allegations concerned lack of capacity, want of knowledge and approval, undue influence and lack of due execution. Natasha secured orders for indemnity costs from discontinuing claimant in respect of the claim and recovered 100% of the costs in respect of an application for security for costs.
- Advising on a claim by an estate regarding beneficial interests in a property and whether it constituted partnership property in circumstances where there had been a change of partners.
- Advising on potentially negligent will drafting as regards charitable gifts and charitable trusts.
- Advising on indemnity and subrogation in respect of a guarantee provided to an individual who had since died and had been declared bankrupt during her lifetime.
- An erroneous claim by an estate in respect of the beneficial ownership of property held by a company.
- A claim under the Guardianship (Missing Persons) Act 2017 and the Presumption of Death Act 2013 where missing individual had left a suicide note.
- A claim under the Inheritance (Provision for Family and Dependants) Act 1975 in circumstances where eligibility was disputed and the deceased had transferred over £1m to Pakistan with HMRC yet to make a determination as to whether they were failed investments or taxable lifetime gifts.
- Acting on a complex breach of trust and knowing receipt claim involving 9 parties which was listed for a 10 day trial.
- A claim by a beneficiary for the removal of personal representatives (Baston v Osment & Fox & others [2021]) whereby Natasha secured an order that the executors pay her client’s costs and an order that both executors (lay and professional) were denied their indemnity from the estate.
- Appearing in joined trials heard in the Chancery Division of the High Court (Scott v Allen [2019]; Smith, Binns & Clarke v Scott [2020]). Natasha acted for the successful administrator in a claim concerning the presumption of revocation, propounding for a will and an application for his removal. Natasha also represented him in a claim for an account and a declaration as to ownership of property, the main asset being secured in the interim as a result of her application for a freezing injunction in the sum of £625,000.
- Appearing in Sollis v Leyshon & Leyshon [2018] EWHC 2853 (Ch) – complex trial concerning breach of trust, duress, proprietary estoppel, resulting trusts, unconscionability, undue influence and unjust enrichment.
- Interpretation of a will involving handwritten amendments and the use of correction fluid in respect of a £1.7m estate.
- Advising on intimated will validity challenges on the basis of lack of testamentary capacity, lack of knowledge and approval and undue influence.
- Representing trustees in relation to a vexatious litigant who was appealing numerous orders such that a CRO was obtained.
- A proprietary estoppel, constructive trust and resulting trust claim where both proprietors had died resulting in two warring estates.
- A claim involving a tenancy under the Agricultural Holdings Act 1986 in respect of 123 acres of land, an option agreement granted to a developer and a family will trust.
- Advising on limitation and procedural issues in respect of an out of time claim under the Inheritance (Provision for Family and Dependants) Act 1975.
- Claims based on constructive trusts, proprietary estoppel or resulting trusts (including ToLATA and those which involve Schedule 1 of the Children Act 1989).
- Acting as junior to Leslie Blohm KC in respect of the administration of the estate of a millionaire who died intestate in the Ukraine involving the issue of forfeiture. This case received national press coverage.
- Advising trustees in respect of loss of historic documents by a renowned landscape architect.
Publications and Podcasts
- “Topical talks with Title Research: Challenging Estate Administration Costs” – with Freeths LLP, Episode 30.
- “Topical talks with Title Research: Reasonable Financial Provision” – with Freeths LLP, Episode 28
- “Proprietary estoppel remedies: expectation and acceleration”, Trusts and Estates Law & Tax Journal, Vol 240, 2023, pp. 13-20.
- “Wills: The public interest – whose view counts?”, Trusts and Estates Law & Tax Journal, Vol 239, 2022, pp. 20-24.
- “Topical talks with Title Research: Will dispute trends” – with Freeths LLP, Episode 20.
- “Topical talks with Title Research: Will disputes and protecting an estate” – with Freeths LLP, Episode 19.
- “Claims for reasonable financial provision – a round up”, Family Law Journal, Vol 52, 2022, pp. 384-389.
- “Wills: sealing royal wills – justifiable secrecy?”, Trusts and Estates Law & Tax Journal, Vol 229, 2021, pp. 19-25.
- “When to distribute”, Trusts and Estates Law & Tax Journal, Vol 194, 2018, pp. 14-17.
- “Value judgment: Ilott v Mitson [2017]”, Trusts and Estates Law & Tax Journal, Vol 186, 2017, pp. 4-6.
- “When to indemnify”, Trusts and Estates Law & Tax Journal, Vol 185, 2017, pp. 18-21.
- “Wills: At Your Disposal?”, Trusts and Estates Law & Tax Journal, Vol 179, 2016, pp. 7-11 (with John Dickinson)