Juliet Petchey

Juliet Advises

• Executors and beneficiaries in contentious probate/trusts claims
• Executors/ professionals on claims for breach of fiduciary and other duties
• Partners, cohabitees, family members dependant on a deceased person (1975 Inheritance Act claims).
• Private client lawyers whose matters become contentious
• Trace claims
• Professional negligence & professional indemnity claims
• Property & land disputes particularly boundaries, rights of way & nuisance
• On negotiations and acts as advocate for “round table” meetings/mediations
• On Court applications
• Costs litigation, recovery and enforcement
• Insurance clients who are unhappy with panel firms and wish to have their choice of lawyer

Experience Highlights

Reported cases and trials

• Lloyds Bank plc v Rogers and Another [CA] [1996] EWCA Civ 1277. Amendment of pleadings to add a monetary claim to an existing possession action after the limitation period had passed. The Claimant bank had failed to disclose evidence of overcharging which came to light after limitation. The Court of Appeal ruled amendments are allowable if they arise from “substantially the same facts” as the original claim

• Truscott v Truscott: & Wraith v Sheffield Forgemasters Ltd [CA] [1998] 1 All ER 82 2 Costs LR 74. Choice of solicitor and recovery of costs; Two-Stage Test (1) did the client act reasonably in employing the chosen solicitor then (2) if the charges are reasonable compared to similar firms. The case established that the chosen firm does not have to be the cheapest option, only a reasonable one

• Grimes & Hawley v Nedic [2017] C10CL808 (unreported) Vulnerable, partially blind testator targeted by cleaner who created a will naming her as Executor and sole beneficiary of estate, misappropriation of assets, attempted sale of deceased’s property by use of solicitor from dissolved practice. Retention of estate and declaratory claim for relatives entitled to estate under intestacy provisions

• Banfield v Campbell [2018] EWHC 1943 (CH) Successful claim by co-habitee under the 1975 Act and endorsement of Ilott v Blue Cross by Master Teverson. The Master ordered the deceased’s estate to purchase a property for the Claimant to live in for life which was local ad suitable for his needs

• Wellington v Wellington & Others [2020] F10CL664 (unreported). Claimant widow was subjected to harassment by step-children who forced her out of the marital home and persuaded their father to make a new will excluding her against his wishes and as his health and capacity diminished. Successful 1975 Act claim where HHJ Monty ordered the majority of the estate be awarded to the Claimant

• Goodinson v PRA Group (UK) Ltd [CA] [2021] EWCA Civ 957 . Court of Appeal upheld that Commercial debt purchaser creditor can prove a Consumer Credit Act (CCA) default notice was sent by use of secondary evidence, such as computer logs/reconstructed documents; and was not obliged to produce a copy of the original default notice

Settlements

• C & T v A Dispute over exercise of pre-emption rights and boundaries over various parcels of land gifted and left to children. Disputes over easements, rights of way, boundaries (including riparian), mooring rights

• S v A Successfully negotiated boundary dispute created by neighbour who wished to develop land beyond his registered title

• B v A Declaratory claim in respect of agricultural right of way over unregistered land which neighbours blocked and wrongly claimed had been abandoned combined with boundary and easement disputes

• H v H Successful claim for beneficial interest in property where clients had lent monies to the deceased parents to purchase their local authority house, but which had not been recorded or registered. Disputed by siblings who claimed house was an asset of the estate

• B v M Defence of unfounded claims by sibling that Executor/beneficiary had unduly influenced deceased and challenge to will and had misappropriated funds. Interference with sale of estate property. Declaratory claim to prove will and negotiated detailed settlement to facilitate sale of property

• D v C & D Probate dispute where deceased had two wills dealing with assets in separate jurisdictions. Setting aside erroneous order for sale in respect of Deceased’s UK property, where executor had submitted dubious evidence to the court. Negotiating substantial refund of IHT from HMRC following declaratory relief obtained

• P v J Trace claim. Beneficiary brother engineered transfer of property from Deceased into his own name during covid pandemic, moved father to a care home over 100 miles away without notice, falsely claimed to have an LPA and that he was sole executor. Took control of finances, falsely declared the deceased had less than £20K when he died; when deceased had assets in excess of £1m.Successfully negotiated settlement for executor sister

• M v C Pre-action disclosure application to successful obtain disclosure from former legal advisors of an executor who had advised a client to enter into settlement of a contested will based on erroneous estate accounts

• K v A Daughter executor and sole beneficiary of deceased’s estate shortly after her father’s death faced a deathbed gift claim of property by a distant relative. She was harassed when she attempted to inspect the property and estate documents and been removed. Mediation collapsed when the opponent claimed existence of a half-brother in another jurisdiction, supposedly financially dependent. Successful declaratory claims and negotiated settlement

• F v A 1975 Act claim by who having owned 100% of her house, transferred a significant share to her co-habitee for nominal consideration without receiving independent legal. Co-habitee died unexpectedly, client used her savings to wrongly pay off co-habitee’s mortgage and then faced a claim for eviction/forced sale of her home of over 30 years by ambitious beneficiary

• Advising professional indemnity insurers who successfully defended claims that a deceased and spouse had given instructions for mutual wills and that the mirror wills had been negligently drafted

• 1975 Act claim by co-habitee who thought she was the widow of the deceased and that he had made a will but unfortunately discovered that her marriage under Sharia law was not legally recognised and no will existed. Technically complex with 9 defendants all resident out of the jurisdiction who had no interest in engaging in proceedings

Career History

Previous Law Firms

• Howell-Jones LLP, Head of Litigation, Equity Partner (1994 –1998)
• Colemans-ctts (Kingston), Associate
• Alison Trent & Co, Trainee and Assistant Solicitor, Fleet Street, London

Memberships

• Association of Contentious Trusts and Probate Specialists (ACTAPS)
• (currently studying for) Certified Anti-Money Specialist (CAMS)

Education

• Colyton Grammer School
• University of Exeter LLB (Hons)
• College of Law, Guildford
• Association of Contentious Trusts and Probate Specialists (ACTAPS), University of Law, London