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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 is traditional chancery practitioner dealing with contentious and non contentious work involving Wills, Probate, Trusts and Property. She is also instructed in relation to COP Property and Affairs, Capacity, Applications under the High Court's Inherent Jurisdiction. 

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.  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 also deals with issues arising out of TOLATA issues and all levels of disputes involving easements, boundary disputes, adverse possession and other claims relating to property in both the High Court and Property Tribunals.

In COP work she is instructed by Local Authorities and individuals and to advise in cases following the Judgment in OH v Craven [2016] EWHC 3146 (QB)

Marisa practises 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.

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Areas Of Expertise

Areas of Expertise
Court of Protection
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Marisa is instructed particularly in relation to :-

a. Property and Affairs

b. Capacity hearings

c. Applications under the Inherent Jursidiction of the High Court in relation to injunctive proceedings to protect vulnerable adults

d. Litigation challenging and making deputyship applications both for Local Authorities and individuals

e. Statutory wills

f. Lifetime gifts, in cases where there are allegations of misappropriation of funds and in case involving the calling in of bonds.

g. Opinions in line with the Judgment in OH v Craven [2016] EWHC 3146 (QB)

Marisa's familiarity with mental capacity as a result of her nursing backgound means that she is well placed to deal with any issues involving complex medical issues and vulnerable litigants. She is also known for giving direct and firm advice and in having particular success in negotiations with parties who previously failed to agree on pertinent matters or find any common ground.

 

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 in Personal Injury Trusts arising from the judgment in OH Craven
  • 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 and ChBA

Marisa's Latest News
Events Trusts Dispute Conference 2019
 

02—07—2019

Trusts Dispute Conference 2019

Awards &
Accreditations

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