Anna Metcalfe

Called 2010

Anna is calm and confident - she inspires trust in clients and is very capable.

Legal 500 (2024) - Chancery, Probate & Tax  (Tier 1)

About

Anna specialises in probate and trusts litigation and is recommended in both Chambers & Partners and the Legal 500 as a top tier chancery practitioner who is “a fantastic advocate with a sharp mind” and has a “great depth of knowledge”. She advises and appears in cases challenging validity, Inheritance Act claims, rectification and/or construction claims, inter-vivos gifts, professional negligence claims concerning wills,  removing/substituting executors and trustees and Part 64 applications. She also deals with non-contentious matters including advising on administration issues and powers of executors/trustees, cross-border estates, drafting trusts and associated deeds, as well as advising on taxation matters.  Anna also has experience in the Court of Protection.

Anna also maintains a property litigation practice, and advises on trusts of land and TOLATA claims, adverse possession, estoppel, covenants, nuisance, rights to light and other easements.

Anna has a technical approach but prides herself on being able to explain these concepts clearly to clients.  She has been noted in Chambers & Partners for “using plain, user-friendly, client-friendly language in her opinions”

Although based in Leeds, Anna is happy to travel for all court, conference and mediation commitments.

Areas of Expertise

Accolades

Anna specialises primarily in probate, trusts and associated tax issues.  She can help you with both contentious and non-contentious matters.

 

Her contentious work includes:

  • Disputes as to the validity of Wills including undue influence, capacity, fraudulent calumny, due execution and want of knowledge and approval
  • Rectification of Wills and Trusts
  • Claims under the Inheritance (Provision for Family and Dependants) Act 1975
  • Removal of personal representatives and trustees
  • Part 64 applications for personal representatives and trustees
  • Applications under the Variation of Trusts Act 1958
  • Construction of Wills and Trusts
  • Proprietary estoppel claims
  • TOLATA claims
  • Court of Protection finance and property applications
  • Third party claims against estates and trusts
  • Professional negligence claims
  • Breach of duty claims relating to personal representatives and trustees including the taking of accounts, disclosure etc.

 

Her non-contentious work includes:

  • Advising on the construction of wills and trusts
  • advising personal representatives and trustees about their powers, duties and costs
  • Advising personal representatives and trustees about administration and procedure
  • Advising on bringing trusts to an end
  • Advising on Inheritance Tax and the taxation of trusts
  • Advising on cross-border/international succession issues including tax and double taxation relief treaties
  • Drafting various trust deeds including deeds of appointment, variation, retirement etc.

Anna is able to assist with matters relating to property and affairs in the Court of Protection. Her experience includes:

  • Contested deputyship applications
  • Applications for authorisation of lifetime gifts (including those with an IHT aspect)
  • Matters of financial abuse involving attorneys and deputies
  • Statutory Wills
  • Advice in relation to the settlement of personal injury awards pursuant to OH v Craven.

Anna’s property practice covers disputes concerning adverse possession, proprietary estoppel, easements (including rights of way and rights to light), boundaries and covenants as well as disputes over co-ownership of land and claims under the Trusts of Land and Appointment of Trustees Act 1996. She has experience in the Land Registration Division of the Property Chamber of the First-tier Tribunal, and in 2013 contributed to a book about the predecessor to the tribunal (the Adjudicator to HM Land Registry) authored by Dominic Crossley.

Chambers and  Partners (2024) - Chancery (Band 1) - "Anna is strong and determined with her clients in conference. She clearly has great depth of knowledge and can easily explain things with key commercial awareness."

Legal 500 (2024) - Chancery, Probate & Tax  (Tier 1) - "Anna is calm and confident - she inspires trust in clients and is very capable."

Chambers and Partners (2023) - Chancery (Band 2) - "Anna Metcalfe has particular expertise in trust and probate litigation, including Inheritance Act claims, Part 64 applications and will challenges. She also represents clients involved in Court of Protection proceedings and handles property disputes."

Legal 500 (2023) - Chancery, Probate & Tax (Tier 2) - ‘A fantastic advocate with a sharp mind. Anna is very knowledgeable on probate disputes and very good on the details of a case. Her manner is calm and direct.’

Chambers and Partners (2022) - Chancery (Band 2) - "She is incredibly knowledgeable and responsive, and I value her strategic input on cases just as much as I value her technical knowledge." "She is excellent. She is very thorough, knows her stuff and is easy to deal with."

Legal 500 (2022) - Chancery, Probate and Tax (Tier 2) - "A safe pair of hands. She is very thorough and responsive and provides good pragmatic advice."

Chambers and Partners (2021) - Chancery (Band 2) - "She tailors her advice specifically to the client and in conference explains situations to them in an easily understandable manner." "She is very thorough."

Legal 500 (2021) - Chancery, Probate & Tax (Tier 2) - ‘Anna is quick to get to the bottom of the key issues and always advises based upon the overriding objective of proportionality as well as merits. Supportive of her instructing solicitor and guides clients in cooperation as to the best next steps in their case.’

Chambers and Partners (2020) - Chancery (Band 3) - "She is very good and very practical. Her written work and advocacy skills are excellent." "She is really knowledgeable and good with clients."

Chambers and Partners (2019) - "She is technically very good, and she used very plain, user-friendly, client-friendly language in her opinions. She is efficient in terms of turnaround and her written work is always thorough."  "A star to watch. She is not afraid to roll her sleeves up when you have tough disputes."

Chancery Bar Association

Northern Eastern Chancery Bar Association

Some recent cases include

-Advising on an application under the Variation of Trusts Act 1958

-Provided advice at mediation in validity dispute and drafted compromise dealing with 3 separate properties and their sale

-Advising on the compromise of an Inheritance Act claim and drafting consequent deed of variation setting up discretionary trust for a disabled minor

-Advising on Inheritance Tax for a cross-border estate including the application of credits earned under a double taxation relief treaty

-Advised on and drafted Inheritance Act claim for cohabitee in respect of £3 million estate

-Provided an advice on a personal injury trust for a minor in accordance with OH v Craven

-Represented minor beneficiaries in a claim to rectify a will

-Advised on tax consequences of rectifying three trusts from interest in possession trusts to discretionary trusts

-Advised trustees as to extent of powers under a discretionary trust and whether they could appoint to a trustee

-Represented executor in defending a summons for inventory and account and for the payment of pecuniary legacies and interim distribution

-Advising on merits of a statutory will application

-Represented defendant in 3 day trial for interference with right of way

-Drafted application for interim injunction and particulars of claim for claimant asserting nuisance and breach of covenant

-Advised on prescriptive rights of way and boundary dispute

-Advised on ability to assert adverse possession against public open space land

University of Warwick LLB, 1st Class Honours.  Overall performance Law School Prize for highest undergraduate results.

Richard York Scholar of Gray’s Inn Whitbread Memorial Prize for Outstanding GCSE results (highest GCSE results of 290 independent schools)