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Anna
Accolades
Chambers and Partners
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Leeds 0113 228 5000
Newcastle 0191 221 2121
clerks@parklaneplowden.co.uk

Anna Metcalfe

Called 2010

Anna specialises in probate and trusts litigation and has been recommended as a "star to watch" in Chambers & Partners 2019. 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 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 2019 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.    

Technical expertise and considerate with clients

Areas of Expertise
Probate, Inheritance & Trusts
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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. 

 

Court of Protection
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Anna has experience of dealing with the property and affairs jurisdiction of the Court of Protection and advises, amongst other things, on statutory wills, lifetime gifts and making and challenging deputyship applications.  The issue of capacity within the Court of Protection proceedings complements her probate practice.  Anna also has experience of disputes surrounding Lasting Powers of Attorney.

Anna also advises in respect of personal injury trusts and in particular is happy to provide opinions in line with OH v Craven [2016] EWHC 3146 (QB) 

Property
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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.

 

Recommendations
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Chambers & 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."

Notable Cases
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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 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

Scholarships/Awards
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Richard York Scholar of Gray's Inn 

Personal Details
Education

University of Warwick LLB, 1st Class Honours

Professional Associations

Chancery Bar Association, Northern Eastern Chancery Bar Association

Anna's Latest News
Events Probate, Inheritance & Trusts Seminar
Awards &
Accreditations

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