Expertise
Biography
James' practice focuses particularly on will challenges, estate administration disputes, claims to remove executors, claims under the Inheritance (Provision for Family and Dependants) Act 1975 and disputes involving lasting powers of attorney and the Court of Protection.
He has successfully settled dozens of disputes on behalf of clients utilising various strategies, achieving particular success at mediation. James has also been appointed by the court as an independent administrator where executors have been removed and there are particularly challenging issues to be resolved in the administration.
Clients appreciate James’ ability to understand their issues, to see the bigger picture and to understand the commercial realities of litigation, with a focus on achieving his clients’ objectives as quickly and as cost effectively as possible.
James is featured as a recommended specialist in trust and estate disputes in both the Legal 500 and Chambers & Partners High Net Worth industry guides. He is a full member of both the Society of Trust and Estate Practitioners (STEP) and the Association of Contentious Trust and Probate Specialists (ACTAPS) having completed both diplomas.
James’ specialist knowledge also encompasses traditional wills and estates work. Given his 13 years of experience working within the field of wills, tax and estates, he is well placed to advice in relation to complex wills, lasting powers of attorney, trusts, tax planning and estate administration on a national and international level.
Examples of cases in which James has been involved include:
- Successfully obtaining an order from the High Court for the removal of an obstructive executor with costs recovered for the client
- Resolving a complicated cross border estate dispute involving Spanish inheritance laws, the validity of deeds of variation in Spain, limitation for Spanish inheritance tax and Spanish gift tax
- Advising clients in a high-profile dispute about the misuse of a lasting power of attorney with potentially serious consequences for the future of a significant heritage property in North Wales
- Representing a client in the High Court defending a claim for delayed payment of a legacy with interest
- Acting for beneficiaries seeking to set aside a will believed to be invalid on grounds of lack of testamentary capacity and undue influence
- Advising beneficiaries in an action against executors for losses suffered by the estate during the administration including the mismanagement of a family business
- Representing a spouse bringing a claim against her husband’s estate for financial provision under the Inheritance Act
- Assisting the executor of an estate in settling a long running and complicated matter involving disputed lifetime financial transactions between the deceased and one of the estate beneficiaries
- Advising on the right to insist on a DNA test where paternity of a beneficiary was disputed and there were cross border issues involving Moldova and Canada
- Achieving a settlement for a client seeking provision from an estate for care services provided to the deceased on grounds of promissory estoppel
- Advising trustees with regards to the removal of a trustee where the trustees could not agree a course of action
- Assisting beneficiaries with the interpretation and validity of a poorly drafted homemade will
- Pursuing a claim on behalf of an estate for a greater beneficial share in the matrimonial property where the deceased made the majority of the financial contributions
Reported Cases
James played a key part in achieving a successful outcome for the client in the reported case of Morton v Morton, 2022 EWHC 163 Ch which involved multiple complex issues including a disputed will, proprietary estoppel, declarations of trust and the dissolution of a farming partnership.
Commentary
- “James Wallace is an expert in contentious private client matters, including will challenges and Inheritance Act claims. “He is very easy to deal with and gives clear, practical advice. I have always been impressed with his clarity of thinking,” says an interviewee, who adds: “He is also able to assist very promptly when there is an urgent need.” – Chambers and Partners 2021 High Net Worth Private Wealth Disputes
- “He is a very knowledgeable practitioner who was able to explain our options clearly and unambiguously whilst still being prepared to listen to our concerns and answer all questions patiently and empathetically.”
- “professional, thorough and considerate”.