“I started my legal career representing high-profile clients detained under the criminal sections of the Mental Health Act, including at Broadmoor Psychiatric Hospital. I also acted for them in their civil claims, including defamation against a major national newspaper.
Perhaps an unusual start for a private client litigator, but it’s this experience which underpins my strength in capacity issues in private wealth disputes. My practice has now developed into high-value Chancery and Court of Protection litigation concerning breaches of trust, trusts of land and Will validity, often involving multiple parties and international issues.
My current case, Clitheroe v Bond, is a career highlight. My client, John Clitheroe, has been in a dispute with his sister, Susan, over his late mother’s two Wills, since 2017.
Susan challenged their mother’s Wills, and a High Court Deputy Master ruled them both invalid in May 2020 on the grounds she lacked capacity to make both Wills following the death of her daughter in 2009. The experts disagreed as to whether she was suffering from a mental disorder.
This case is important for John because he wants to restore his mother’s legacy and I want to achieve this for him. It’s also of general and public significance because the outcome of this appeal may bring testamentary capacity in line with modern law.
On 27 November 2020, we were granted permission to appeal to the High Court. I was delighted – it’s the first step on what will be an interesting journey.
My client has a committed team behind him, including Vikram Sachdeva QC, who is leading counsel in this case.
Supporting my clients though challenging situations like this is why I do the job I do. I am passionate about providing each and every one of my clients with the very best advice and representation. It is so important to me to get the outcome that my clients seek, especially when achieving that goal has a beneficial effect on wider society.”
Nicola is a Partner in our Will, Trust and Estate Disputes team in London. She specialises in trust and estate litigation for high and ultra-high net worth individuals and families, often involving complex capacity issues.
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