Marisa has extensive experience in Court of Protection work. She is instructed on a regular basis in all property and affairs issues. She has advised the Public Guardian on strategic matters, the interplay between trust issues and court of protection jurisdiction and the wording of the Lasting Power of Attorney documentation. She regularly appears in both the lower and higher courts representing the Public Guardian and individuals. She deals with all applications in relation to EPAs and LPAs, Statutory Wills, permissions for property purchase (both in the UK and internationally), gifting applications and issues relating to the inherent jurisdiction. As a mediator she is also ideally placed to narrow pertinent issues and bring litigious parties together when so instructed.

Marisa has recently been involved in the reported cases of:-

• TA v The Public Guardian [2023] EWCOP 63   relating to the duties of a certificate provider and the meaning of the statutory provisions which had previously not received judicial consideration; and
• Irwin Mitchell Trust Corporation v PW & Anor [2024] EWCOP 16 which considered the conflict of interest and self-dealing in relation to a trust corporation instructing a connected asset manager to manage P’s investments.

Marisa is regularly involved in mediations relating to her specialist areas of contentious probate and trusts, property disputes , court of protection work and capacity related issues, and other matters involving vulnerable adults. She has a pragmatic approach and is able to establish a good rapport with the parties to a mediation. Whilst she knows that a mediator is not partisan, at an early stage of the mediation she seeks permission to “test the evidence” and to “play devil’s advocate” in order to keep momentum in settlement negotiations. She is also willing to assist the parties in the event that matters do not settle satisfactorily on the date of the mediation.

Marisa is experienced both in remote and attended mediations. In remote mediations Marisa tries to meet the parties remotely prior to the actual day of the mediation in order to ensure that all parties are comfortable operating their IT.

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 on duties 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 agreements to 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.

Marisa has extensive experience in Court of Protection work dealing with both property and affairs and health and welfare. As an ex-nurse qualified to care for individuals suffering from severe learning disabilities and cognitive problems, she is particularly interested in capacity issues and the right of individuals to make choices. She has experience of health and welfare applications including capacity to make decisions about residence, contact, access to social media, consent to sexual relations and care and treatment. She has also dealt with cases before High Court Judges where capacity issues have been determined in favour of P and the court have been requested to exercise its inherent jurisdiction to make injunctions for the benefit of P.

Chambers and Partners (2024) - Chancery (Band 3) - "She is a tenacious advocate and fights for the client's best interest."

Legal 500 (2024) - Chancery, Probate & Tax (Tier 1) - "A concise and persuasive advocate, who is direct and has a strategic focus on the outcome of a case."

Chambers and Partners (2023) - Chancery (Band 3) - "Marisa Lloyd is particularly noted for her work on contentious wills, trusts and probate matters. She is also experienced in property disputes."

Legal 500 (2023) - Chancery, Probate & Tax (Tier 1) - 'A very knowledgeable advocate. Marisa is experienced and remains calm in the face of a crisis.'

Chambers & Partners (2022) - Chancery (Band 3) - 'She is always willing to get stuck into difficult cases." "She is very empathetic with clients - clients feel that she understands them and their position.'

Legal 500 (2022) - Chancery, Probate & Tax (Tier 2) - 'Marisa's advocacy skills are incredible. She understands and gets to the root of issues quickly.'

Chambers and Partners (2021) - Chancery (Band 3) - 'Her cross-examination skills are phenomenal. She is very analytical and incisive. Her technical knowledge is really good, but she presents it to the clients in a really straightforward and down-to-earth manner.' 'She is wonderfully intelligent, approachable and proactive.'

Legal 500 (2021) - Chancery, Probate and Tax (Tier 2) - 'She has a superb ability to see the real issues in a case and deliver clear advice to even the most challenging clients. Even more impressively, her advocacy and cross examination skills are first rate.'

• N.E.C.C.B.A
• ChBA
• COPPA
• CPBA

Appeared in the first post Ilott v Blue Cross adult claimant case for financial provision (Nahajec v Fowle [2017] EW Misc 11 CC).

University of Essex, Inns of Court School of Law