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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.

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.

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.