Private client

Tanfield handles a wide variety of private client work including issues with cross-over into property/real estate work.

Private client disputes and advisory work

Tanfield Chambers’ private client barristers are instructed by solicitors across England and Wales in contentious trusts and estates work, inheritance disputes, and Court of Protection matters. Members regularly appear in the Chancery Division of the High Court, the County Court and the Court of Protection, and are frequently instructed in cases that engage overlapping issues of property, trusts and succession — areas in which chambers has long-established strength.

We work alongside instructing solicitors at every stage: from early advice on merits, drafting and strategy, through mediation and other forms of ADR, to trial and appellate advocacy. Members also accept Direct Access instructions where appropriate.

Where the team’s work concentrates

Chambers’ contentious private client work falls into four overlapping areas, and cases routinely engage more than one: a 1975 Act claim that turns on a lifetime transfer; a trust dispute where the trust property is real estate; a Court of Protection application that sits alongside ongoing family proceedings. The sections below set out where the team is most active.

Contentious probate and inheritance disputes

Challenges to the validity, construction and administration of wills and estates form the largest part of the team’s contentious probate practice, including want of knowledge and approval, lack of testamentary capacity, undue influence and forgery, together with claims under the Inheritance (Provision for Family and Dependants) Act 1975. Members also advise on rectification, professional negligence in the will-drafting context, and disputes between personal representatives and beneficiaries.

Trust disputes

Members are regularly instructed in breach of trust claims, removal and replacement of trustees, beneficiary actions, disputes over construction and variation of trusts, and proprietary and tracing claims. The team’s trust disputes work frequently arises alongside disputes over land, co-ownership or estate assets, an area where chambers’ wider property strength adds practical value.

Court of Protection, property and affairs

Contested deputyship applications, statutory will applications, gifts and lifetime transfers made by attorneys or deputies, applications under section 22 of the Mental Capacity Act 2005, and safeguarding-related disputes concerning the financial affairs of individuals who lack capacity all sit within the team’s Court of Protection practice.

Family and relationship-based financial disputes

Members handle the property and trust dimensions of relationship breakdown, including TOLATA 1996 claims, Schedule 1 Children Act applications involving trust or property issues, and beneficial interest disputes between cohabitants. The team is well placed where chancery and family law considerations meet.

Working with instructing solicitors

Chambers operates a flexible instruction model designed to fit the way private client departments work in practice. Members are routinely instructed to:

Provide written and conference advice on merits, limitation, quantum and strategy, including pre-action.
Draft statements of case, witness statements and applications, including in technically complex trust and probate matters.
Advise on, prepare for and conduct ADR, including mediation, ENE and round-table negotiation.
Provide advocacy at interim hearings, CCMCs, trials and appeals.
Work as part of a counsel team, including with leaders, in higher-value or jurisdictionally complex matters.

Members are conscious of cost pressure on clients and the commercial realities of private client litigation. We engage early on proportionality, ADR opportunities and costs strategy, and accept instructions on a range of fee bases including fixed fees, staged fees and CFAs in suitable cases.

Our practice management team can usually confirm availability within the working day and is experienced at fielding instructions on urgent injunctive and Court of Protection matters.

Private client disputes: frequently raised questions

When is it worth instructing counsel early?
Counsel’s early involvement is generally most valuable where capacity, undue influence or construction issues are in play, where limitation under the 1975 Act is approaching, or where the shape of the claim will determine forum, joinder and costs exposure. A focused advice at the pre-action stage frequently narrows the issues and supports an effective Letter of Claim or response.
Which forum is appropriate?
Most contentious probate, trust and 1975 Act claims are heard in the Chancery Division (Business and Property Courts) or the County Court, with allocation typically driven by value, complexity and any associated land or partnership issues. Property and affairs disputes for protected parties are heard in the Court of Protection. Members regularly advise on forum at the outset, including where parallel proceedings (for example divorce and TOLATA, or probate and Inheritance Act claims) need to be managed
Who can bring a claim?
Standing depends on the cause of action. Beneficiaries, personal representatives, trustees and certain categories of dependant under the 1975 Act commonly have standing; standing to challenge a will turns on interest under an earlier will or on intestacy. Counsel will advise on standing in conjunction with limitation at the merits stage.
Is the matter suitable for mediation or other ADR
Private client disputes are particularly well suited to mediation given the family dynamics typically engaged. Members regularly appear as advocates in mediation, advise on positional strategy and draft Tomlin and consent orders. Where mediation is declined or premature, ENE or a without-prejudice meeting between counsel can be effective.
Capacity issues: what evidence is needed?
Where testamentary or lifetime capacity is in issue, counsel will advise on the evidential threshold (Banks v Goodfellow / Mental Capacity Act 2005 framework as applicable), instruction of medical experts, and obtaining contemporaneous medical and care records. In the Court of Protection, members advise on the practical conduct of property and affairs applications where capacity is contested.
Is Direct Access appropriate for this matter?
Direct Access is well suited to discrete pieces of work such as advice on merits, drafting a particular document or representation at a single hearing. It is less suitable where the matter requires extensive disclosure, evidence gathering, ongoing correspondence with third parties or active case management between hearings, in those cases a solicitor should be instructed. Members of chambers accept Direct Access instructions in suitable private client matters and will advise at the outset whether the case is one they can take on directly or whether a solicitor should be instructed.

Why instruct Tanfield Chambers

Tanfield Chambers is a recognised set for property and chancery work, and our private client practice draws on that depth. Members are instructed in cases at the intersection of trusts, real property and succession, areas where chambers’ wider experience adds real value to instructing solicitors.

Instructing solicitors choose Tanfield for:

Commercial, plainly expressed written advice that supports client communication.
Experienced trial advocacy in Chancery, County Court and Court of Protection forums.
Flexible team-working with referring firms and willingness to work to firm-led case plans.
A responsive clerking team with practical availability across the working week.

Barristers specialising in private client

Our private client team includes members at all levels of call with specialist expertise across contentious probate, trusts and Court of Protection work, several of whom are also recommended in adjoining property and family practice areas. The specific members practising in each area are listed on the relevant practice area pages.