See also

Practice Groups

Expertise

Areas of Expertise

Specialisms

Graham Stott

Graham Stott

Call 2016

 Download CV
 Download vCard


Property & Chancery

Graham is experienced in the following areas of Property and Chancery law:

Wills

  • Drafting complex Wills and Codicils containing various forms of trust, dealing with business, agricultural or literary assets, providing for disabled or vulnerable beneficiaries and first or second families.
  • Challenges to the validity of Wills from want of due execution, lack of testamentary capacity (including historical incapacity), undue influence or want of knowledge and approval.
  • Advising on challenges to mutual Wills, ademption, abatement, lapse, forfeiture or other failures of gifts and intestacy.
  • Applications for construction/rectification of Wills in the Probate Registry or Chancery Division.

Probate

  • Drafting caveats, citations, warnings, appearances, subpoenas for the production of testamentary documents or applications for the examination of persons with knowledge of testamentary documents and summonses for directions.
  • Applications to prove copy Wills/Codicils and holograph Wills, the passing over or removal of PRs, revocation of grants, administration actions and actions for an account or losses arising from devastavit.
  • Actions against PRs due to the incorrect appropriation/distribution of estates, tracing beneficiaries and orders as to distribution or incurring litigation costs to protect PRs.
  • Advising on gifts made donatio mortis causa.
  • Applications to vary estates in cases of minor beneficiaries.

Trusts

  • Applications against trustees for disclosure of trust documents to beneficiaries and the provision of trust accounts and trust documents to beneficiaries.
  • Advising on the validity or constitution of trusts, sham and applications to set aside.
  • Applications for orders to protect trustees on incurring litigation costs or protect trustees on distribution.
  • Actions to account for trust property, tracing of assets, self-dealing and equitable assignment.
  • Actions against trustees following breaches of trust, breaches of the statutory duty of supervision following delegation or losses arising from trustee investment.
  • Applications for the removal of incapacitated/unfit/bankrupt trustees.

Inheritance Act

  • Acting for claimant spouses, cohabitants, dependents and adult children as well as defendant PRs and defendant beneficiaries.
  • Applications for an extension of time to submit claims and for interim orders.
  • Applications for orders giving effect to compromise agreements to obtain favourable tax treatment.
  • Applications for orders against the recipient of monies gifted during the lifetime of the deceased under the anti-avoidance provisions in I(PFD)A 1975.
  • Advising on lifetime planning in anticipation of post-death claims by adult children or former spouses.

Trusts of Land

  • Claims concerning joint owners or sole owners to establish beneficial interests under constructive trusts or resulting trusts.
  • Claims for equitable accounting as to expenditure and profits or for equitable exoneration.
  • Actions founded in proprietary estoppel.



See also

Practice Groups

Expertise

Areas of Expertise

Specialisms

Academic Qualifications

  • LLB (Hons)
  • Post-Graduate Diploma in Legal Practice
  • Post-Graduate Diploma in Notarial Practice
  • STEP Advanced Certificate in Trust Disputes

Professional Bodies

  • Association of Contentious Trust and Probate Specialists
  • Chancery Bar Association
  • Court of Protection Practitioners Association
  • Family Law Bar Association
  • Notaries Society
  • Society of Trust & Estate Practitioners
  • Solicitors for the Elderly