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Marisa
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Leeds 0113 228 5000
Newcastle 0191 221 2121
clerks@parklaneplowden.co.uk

Marisa Lloyd

Called 1994

Marisa has developed a traditional chancery practice which primarily revolves around  Wills, probate, trusts and property. She undertakes both contentious and non-contentious work in both areas. 

Marisa regularly advises and represents clients in relation to the validity/construction of Wills, disputes involving Executors and PR’s, Part 64 applications and on claims under the Inheritance (Provision for Family and Dependants) Act 1975 and other related matters. Last year she appeared in the first post Ilott v Blue Cross adult claimant case for financial provision (Nahjec v Fowle [2017] EW Misc 11 CC). 

Marisa is also instructed regularly in relation to property matters. She frequently advises on issues arising out of Trusts of Land and TOLATA claims, and represents clients in both the High Court and the Property Tribunals. Marisa also deals with all levels of disputes involving easements, boundary disputes, adverse possession and other claims relating to property. 

Marisa is instructed by solicitors and individuals across the North Eastern, Midland and Wales and Chester Circuits and consequently has appeared in the Business and Property Courts in many regions.

Marisa's down to earth approach, direct advice and ability to communicate with clients at any level makes her an ideal choice for litigation in areas where emotions can run high. 

Marisa is happy to travel for all aspects of her work (usually with no extra charge) and if appropriate can act on a direct access basis.

Areas of Expertise
Business and Commercial
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Court of Protection
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Family: Property & Finance
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Marisa regularly advises and represents clients in disputes involving  trusts of land and TOLATA applications. She is equally as confortable in the property tribunal as the High Court having represented both Claimants and Defendants in both arenas.

Marisa is regularly instructed in cases under the Inheritance (Provision for Family and Depandants) Act 1975 including claims against and for multi million pound estates. Further information as to her recent experience can be seen under the Probate, Inheritance and Trust section of the website.

Probate, Inheritance & Trusts
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Marisa specialises in traditional chancery work which includes probate, trusts and wills and associated work. Her contentious work has included:- 

  • Claims under the Inheritance (Provision for Family and Dependants) Act 1975 including claims against multi million pound estates in circumstances where :- only a life interest in property and income was left to a wife and where the income was insufficient to meet her care costs; where a husband was only left a life interest and income in a large estate; where a minor was not provided for at all due to intestacy;where two adult children with disabilities brought a claim against a small estate where the estate had been left to a friend; 
  • Claims relating to cross border issues;
  • Undue influence and capacity claims;
  • Removal of personal representatives and trustees;
  • Advice and representation in relation to claims of proprietary estoppel and constructive trust issues arising out of the administration of estates (for both Claimant and Defendant).
  • Advising onduties and actions available to personal representatives and trustees on powers, duties and costs risks both in relation to ongoing litigation and more generally;
  • Disputes as to the validity of Wills due to fraudulent calumny.
  • Claims involving breach of trust issues in relation to charitable trustees.
  • Disputes relating to a breach of trust.
  • Advising on construction issues relating to the terms used in wills.
  • Drafting documents relating to all stages of proceedings from settlement agreementsto Tomlin Orders etc.
  • TOLATA claims;
  • Court of Protection and related breach of trust litigation.
Property
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Marisa is frequently instructed to deal with disputes involving property both in respect of tortious claims and equitable rights under trusts of land and TOLATA in both the High Courts and the Property Tribunal. Her recent instructions include the following:- 

  • Representing both Claimants and Defendants in the property tribunal and High Court in relation to beneficial interests in both residential premises in which co-habitation has taken place and of premises purchased for commercial gain;
  • Representing clients defending injunction proceedings relating to a breach of restrictive covenants.
  • Advising in relation to injunctive proceedings in relation to an easement in a situation where the premises had become landlocked;
  • Advising/representing clients defending litigation relating to rights of way to a field across woodland and rights of way across a rear yard which had been used as a car park;
  • Representing both Claimants and Defendants at various stages of property proceedings involving proprietary estoppel and constructive trust principles.
  • Advising on adverse possession of commercial land.
  • Representing clients in a boundary dispute.
  • Drafting documents setting out rights of way across a carpark.
Notable Cases
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Appeared in the first post Ilott v Blue Cross adult claimant case for financial provision (Nahjec v Fowle [2017] EW Misc 11 CC).

Personal Details
Education

University of Essex, Inns of Court School of Law

Professional Associations

N.E.C.C.B.A

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