Charles Cooper

CAVEATS AND STANDING SEARCHES

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CHARLES COOPER REVIEWS THE USE OF CAVEATS AND STANDING SEARCHES AND A RECENT CHANGE TO THE NON-CONTENTIOUS PROBATE RULES

From November 2018 an online application can be made to the Probate Registry for Caveats or Standing Searches in a deceased’s estate (see: Non-Contentious Probate (Amendment) Rules 2018).

A Caveat enables the applicant to stop a Probate application but is a relatively draconian tool which should only be used where there is a dispute as to who can apply for Probate, or as to the validity or existence of a Will.

A Standing Search gives notification to the applicant when a Grant of Probate has been issued, and a copy of that Grant, which is a more useful tool for Inheritance Act claims where limitation runs from the date of issue of the Grant or where the applicant simply wishes to know the identity of the Personal Representative(s) and the value of the estate.

It seems likely that the use of Caveats and Standing Searches will increase with the introduction of an online application process.

November 2018 

[Charles practised as a Solicitor and Higher Court Advocate before being called to the Bar, and specialises in tax, trusts, wills and probate.]

Gavin Collett is ranked in by Chambers and Partners UK Bar 2019

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Many congratultions to Gavin for being ranked by Chambers and Partners 2019 in the area of planning.

Well regarded for his expertise in planning law, with particular specialist knowledge in highways and rights of way. He acts for local authorities, as well as developers and private individuals.
“He is very personable and knows what he’s talking about.”

“He is good on his feet and looks at the client’s problems holistically.”

Rupert Chapman

Rupert Chapman ranked by Chambers and Partners 2019 for Family/Matrimonial

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Chambers congratulates Rupert on his second accolade of the week by being ranked by Chambers and Partners.

Rupert is acknowledged for his handling of cases involving matrimonial finance disputes and private law children matters. Many of his cases straddle multiple jurisdictions around the world.
“An excellent advocate who is always willing to go the extra mile for clients. He is very approachable and has an excellent knowledge of family law and procedure.” “Gets to grips with complex matters easily.”

Carol Mashembo ranked by Chambers and Partners 2019 for Family/Matrimonial

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Chambers congratulates the second success this week for Carol with the rankings for Chambers and Partner being announced today.

Carol has a diverse family practice encompassing cohabitation disputes, financial remedies and private children law. She has over 15 years’ experience and is used to handling cases that involve dealing with litigants in person. She is increasingly active in litigation relating to same-sex relationships.

“Very organised and very good at cross-examination.” “She is hard-working, very well prepared and very clever. Clients love her.”

Christopher Naish ranked in Band 1 by Chambers and Partners 2019 for Family/Matrimonial

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Chambers is delighted to congratulate Christopher for being ranked by Chambers and Partners again this year for his work in the field of Family/Matrimonial Law.

Has a broad practice, acting for guardians, parents and local authorities on private and public children law matters, as well as being able to handle complex financial remedy cases. He is proficient in disputes concerning trusts of land.

“Christopher’s knowledge of family law is second to none and he is an excellent advocate. He also quickly and easily establishes an excellent working relationship with clients.” “Friendly, approachable and effective.”

Nigel Moore ranked by Chambers and Partners 2019 for Employment Law

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Chambers are delighted to congratulate Nigel on his ranking in this years Chambers and Partners which are announced today.

Nigel – Band 3

Called to the Bar after a number of years’ practice as a solicitor, and has since acted for both respondents and claimants in a range of contentious employment matters. He is well reputed in the market for his work in whistle-blowing claims and his practice extends to unfair dismissal, race discrimination and age discrimination claims, as well as TUPE, industrial action and restrictive covenants.

“He’s a very experienced in employment and he’s a good technical lawyer.”

 

 

Rupert Chapman

Rupert Chapman is Individually ranked as tier 1 Leading Junior in the 2018 Legal 500

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Chambers is delighted to congratulate Rupert on his ranking by the Legal 500 again this year in the area of Family and Children:  He is the proud head of our family team which is  noted for it’s ‘strength in depth’, with members acting in, among other areas, cases involving allegations of sexual abuse and non-accidental injuries, care proceedings and financial remedy matters.

Rupert is noted for  ‘His bedside manner with vulnerable clients is excellent.’

Rupert Chapman

Carol Mashembo is Individually ranked as tier 1 Leading Junior in the 2018 Legal 500

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Chambers is delighted to congratulate Carol on her ranking by the Legal 500 again this year in the area of Family and Children:  which has ‘strength in depth’ in its family team, with members acting in, among other areas, cases involving allegations of sexual abuse and non-accidental injuries, care proceedings and financial remedy matters.

Carol is described as ‘An expert in her field.’

Carol Mashembo