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CHARLES Holbech

CONSULTANT BARRISTER

Year of Call: 1988

Charles Holbech specialises in private client work, advising on all aspects of Wills, Probate, Trusts and Estates, with a particular focus on complex and high value contentious matters in the High Court and County Courts.

Charles advises on both contentious and non contentious probate matters, including the preparation and construction of wills; challenges to their validity; testamentary capacity; want of knowledge and approval; undue influence; rectification of wills and trusts; and claims under the Inheritance (Provision for Family and Dependants) Act 1975. He also advises on professional negligence claims arising from errors in will drafting and estate planning.

His practice includes substantial work relating to trusts and the beneficial ownership of property, including proprietary estoppel and constructive trust claims. Charles regularly acts for trustees, personal representatives and beneficiaries in complex trust and estate disputes and has wide experience of real property issues arising in a private client context. He is frequently instructed in mediations and is known for providing clear, measured advice in legally and emotionally sensitive disputes.

Charles has been involved in a number of significant and well known authorities in private client law, including:

Construction and Validity of Wills

  • Sammut v Manzi [2009] 1 WLR 1834 (PC) - leading Privy Council authority on the construction of wills.

  • Jeffreys v Scruton [2020] EWHC 536 (Ch) - High Court decision concerning the construction of a will and issues arising in the administration of an estate.

Inheritance (Provision for Family and Dependants) Act 1975

  • Robinson v Bird [2003] WTLR 529 - leading authority on claims by adult children for reasonable financial provision from an estate.

  • Garland v Morris [2007] 2 FLR 528 - important High Court guidance on needs based provision and competing claims in adult child inheritance cases.

Proprietary Estoppel, Trusts and Beneficial Ownership

  • Campbell v Griffin [2001] EWCA Civ 990 - established Court of Appeal authority on proprietary estoppel.

  • Thomson v Humphrey [2009] EWHC 3576 (Ch) - High Court decision on constructive trusts and beneficial ownership.

Trust Litigation and Administration

  • Re Erskine Trust [2012] EWHC 732 (Ch) - authoritative decision on the construction of trust provisions, including the status of adopted children.

  • Newman v Clarke [2017] 4 WLR 26 - significant authority on breach of trust and the scope of the rule against self dealing.

Rectification

  • Stephenson v Stephenson [2004] All ER (D) 35 (Mar) - reported case on the rectification of a trust instrument.

Charles is recognised by Chambers UK Bar, Chambers HNW and The Legal 500 UK Bar for his private client and trusts work. He has lectured extensively on contentious probate, testamentary capacity and professional negligence arising from wills.

Outside of work, Charles enjoys golf, history, and walking the dog with friends in the Oxfordshire countryside.