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Richard Wilson

e-mail rwilson@3sb.law.co.uk

Richard's practice encompasses litigation, drafting and advisory work across a wide range of traditional and commercial chancery, but with a particular emphasis on trusts and probate (both contentious and non-contentious), tax, professional negligence and civil fraud (including MTIC fraud) and insolvency.

Richard is often instructed by professional trustees and has a particular understanding of the issues that such clients face, particularly when litigating.

Richard has developed particular expertise in assisting trustees and solicitors (and their insurers) to deal with consequences of mistakes made in the planning and implementation of arrangements involving trusts and wills. He has appeared in numerous applications for rectification of wills and trusts, applications for rescission on the basis of mistake and applications to set aside exercises of trustees' discretion under the rule in Re Hastings-Bass. Richard is instructed by the trustees in Futter v. Futter [2010] WTLR 609 in which he successfully argued that advancements should be set aside as a result of incorrect tax advice. The case is currently the subject of an appeal to the Court of Appeal by HM Revenue & Customs and is likely to become the leading authority in this area of law.

His work increasingly involves offshore matters and issues of private international law. In the past year, he has appeared in the Supreme Court of Gibraltar, and acted for a beneficiary in a large trust dispute involving both Bahamian and English proceedings.

  • Professional Reputation

    Chambers & Partners 2008: "an efficient advocate with a comprehensive grasp of all matters relating to trusts and tax."

    Chambers & Partners 2009:  "With the expertise borne of a career as a tax consultant before joining the Bar, Richard Wilson impresses clients with his "depth of expertise and insight into tax problems."

    Chambers & Partners 2010: Richard Wilson has developed a strong chancery practice generally. "A real solicitors' favourite," he is another whose tax work is much commented upon.

    The Legal 500: Richard has been recommended in the category of personal tax, trusts and probate for a number of years.

  • Notable Recent Cases

    • A-B v. Dobbs [2010] WTLR 931: Richard acted for the successful Respondents to an appeal against the refusal of the district judge to pass them over as executors under s.116 of the Senior Courts Act 1981. The Court held that there was no jurisdiction under s.116 following the issing of a grant of probate and that in any event, no 'special circumstances' sufficient to justify passing oner had been shown
    • Futter v Futter [2010] WTLR 609:  Richard acted for the trustees who successfully applied to set aside the exercise of their discretion under the principle in Re Hastings-Bass on the basis of incorrect CGT advice given by a leading firm of private client solicitors.  The application was opposed by HM Revenue & Customs.
    • Pedder & Ors. v Cabon Trustees Ltd ([2010] Unreported, Supreme Court of Gibraltar):  Determination of whether negotiations concerning trustee's indemnities were subject to 'without prejudice' privilege and if so, the extent to which such privilege had been waived or could be overridden in the interest of justice.
    • Esson v Esson (Re Clements, deceased) [2010] WTLR 187: Richard successfully argued that the words "should he predecease me" contained in a codicil should be construed as meaning "even if he should predecease me" thereby ensuring that the deceased's grandchildren received legacies.
    • Lim v. Thompson [2010] WTLR 661: Successful opposition to a claim to propound alleged wills on the basis of want of due execution pursuant to s.9 of the Wills Act 1837.
    • Bishop v. Bishop: Richard acted for the successful claimant in this probate claim involving a will made by an alcoholic within 2 weeks of discharge from rehab. The will was admitted to probate despite the evidence of the deceased's consultant psychologist that the deceased lacked testamentary capacity.
    • Bonham v. Fishwick: Richard appeared in both the High Court and Court of Appeal in this claim involving the question of whether trustees were protected against liability for breach of trust by an exemption clause in the trust instrument.
    • Burt v. HMRC [2008] STC (SCD) 814: Successful appeal against the refusal of HMRC to grant retirement relief on a sale of shares.
    • Blackman v. Man: Richard appeared for the professional executor in both the High Court ([2008] WTLR 389) and the Court of Appeal in this high profile probate case concerning a woman who left her £10m property fortune to friends who owned a Chinese restaurant.
    • Levy v. Perry: Claim for removal against a trustee who had agreed to retire before proceedings were commenced. Richard acted for the successful defendant and obtained an order for indemnity costs against the beneficiaries.
    • Re Eurocruit (Europe) Limited [2007] 2 BCLC 598: Determination of the question of when limitation starts to run in respect of claims brought under s.212 of the Insolvency Act 1986.
    • Sillett v. Meek (2007) 10 ITELR 617; [2007] EWHC 1169: Richard represented executors who successfully recovered a Jersey bank account that had been put into joint names during the deceased's lifetime.
    • Slater v. Simm [2007] Fam Law 667 Ch.D: Richard represented the claimant who successfully argued that the terms of an express trust had been varied by a constructive trust within s.53(2) of the Law of Property Act 1925.
    • Goodman v. Goodman [2006] WTLR 1807: Contested application for rectification of a will under s.20 Administration of Justice Act 1982.
    • S v. T1 [2006] WTLR 1461: Application under s.1 of the Variation of Trusts Act 1958 in order to prevent a child with an interest under the statutory trusts on intestacy from losing his entitlement on adoption. The problem highlighted by this case has prompted the Law Commission to consider reform of the interaction between the adoption and intestacy rules.
    • Bonham v. Blake Lapthorn [2006] All ER (D) 164 (Oct): Richard acted for the claimants in this claim for breach of trust and professional negligence relating to shares in the Bonhams auction house.

  • Professional Membership

    Chancery Bar Association

    Revenue Bar Association

    STEP

    ACTAPS

  • Education

    Richard read law at the University of Sheffield (LLB) and the University of London (LLM)

  • Career

    Prior to starting practice at the Bar, Richard worked for Price Waterhouse as a tax consultant. 

  • Publications

    Richard writes extensively on subjects within his fields of expertise. He has had numerous articles published in journals such as Private Client Business, The Trusts and Estates Law and Tax Journal and Elderly Client Adviser. He is the co-author of ‘The Trustee Act 2000: a Practical Guide' (Jordans, 2001) and is currently co-writing the ‘Trust Litigation Handbook' which is due to be published by Jordans later in 2010.

    Richard is one of the editors of the Trusts Quarterly Review, and a member of the editorial board of the Wills and Trusts Law Reports.

  • Seminars and Lectures

    Richard lectures on a wide range of subjects.  In February 2010 Richard participated in the Legal Week Trusts and Estates Litigation Forum and in the coming year he is due to give seminars to a number of solicitors' firms and STEP branches across the country.