Business details

  • VAT number: 620288815

Overview

Tim offers advice and representation in both contentious and non-contentious work relating to real property, wills, the administration of estates and trusts and partnerships. He has particular expertise in probate disputes and Inheritance Act claims. He also advises on matters of Ecclesiastical Law.

Tim advises on any issue involving land: buying and selling; registration and rectification; adverse possession; mortgages; easements and restrictive covenants; co-ownership and trusts of land, and proprietary estoppel.

He has recently been involved in cases where specific performance has been sought; in appeals from party walls awards and an adverse possession claim by tenants. He has also advised in cases relating to exclusive rights of burial in cemeteries.

He also advises on professional liability issues arising from property transactions.

Tim advises trustees and beneficiaries in relation to the administration of trusts.

Tim will advise on all matters relating to wills, probate and the administration of estates, from advice on the drafting of wills; questions about validity whether formal or substantial, particularly testamentary capacity; through disputes about obtaining grants and Inheritance Act claims, to administration actions and removal of executors and administrators. He has recently been involved in Inheritance Act claims by spouses, cohabitees and children; disputes involving questions of testamentary capacity; disputes as to the valuation of an estate where the deceased was a partner in a business and a case involving mutual wills. He has advised executors and administrators, as well as beneficiaries.

Tim has appeared in the Court of Protection and advised in cases involving disputes over the appointment of deputies, sales of a patient’s real property and statutory wills.

Tim covers all areas of Landlord and Tenant law, whether business, residential or agricultural, including claims to possession, lease renewal, relief from forfeiture, enfranchisement, service charges and succession. Recent cases have involved contested renewals of business tenancies, a service charge dispute where the works were covered by an insurance policy and the construction of a break clause.

Tim has advised and provided representation at consistory court hearings in relation to faculty applications. Tim has expertise in cases relating to burial and exhumation

Tim accepts instructions under the Bar’s Public Access scheme.

Cases of interest

  • Pead v Prostate Cancer UK [2024] PNLR 13: A non-party costs order was made against a solicitors’ firm, ordering it to pay 60% of the total costs, where a will had been drafted so ambiguously so as to fuel a rectification claim.
  • Pead v Prostate Cancer UK [2023] 2 P&CR DG18: The testator’s residuary estate was to be divided proportionately between those “people” who benefit under an earlier clause which includes family members and charities. The problem was that it was unclear whether the charities were intended to receive a share of the residue and what “proportionately” means. The court refused to rectify the will as the evidence did not establish on the balance of probabilities that the testator had intended the residuary estate to be divided between only the family members. However, it was more likely than not that he intended it to be divided according to the proportion each pecuniary legacy bore to the total gifts, rather than in equal shares. Tim was instructed on the basis of having appeared in important case of Kell v Jones [2013] WTLR 507.
  • Avon Ground Rents Ltd v Cowley [2019] EWCA Civ 1827 Likely future payments by third parties, including insurers, may be considered when assessing what sums are reasonable and payable by way of advance service charges under s.19(2) Landlord and Tenant Act 1985. The payment need not be certain.
  • Re Relton deceased [2019] EWHC 4055 (Ch) The Court was satisfied that there was sufficient evidence to rebut the presumption of due execution and the deceased’s last will had not been validly executed. Had it needed to, the court would also have concluded that there was a want of knowledge and approval.
  • Re The Shri Guru Ravidass Sabha, Southall [2017] EWHC 1255 (Ch) A consideration of the approach to be taken by the Court when enforcing a number of Charging Orders relating to a joint and several liability.
  • Kell v Jones [2013] WTLR 507, Ch D. A claim for the rectification of a will pursuant to section 20 Administration of Justice Act 1982.
  • Fitzhugh v Fitzhugh [2012] EWCA Civ 694; [2012] 2 P&CR 14. A dispute relating to the termination of a contractual licence where the licensee was also one of the licensors.
  • Re St John, Walsall Wood [2010] 12 EccLJ 409, Lichfield Consistory Court. The Court allowed the second exhumation of a body incorrectly interred in a plot already reserved by faculty.
  • Re St Mary & St Hugh, Harlow [2010] PTSR 1976, Chelmsford Consistory Court. A case concerning the reordering of the interior of the Church. The importance of the Statement of Significance particularly considered.
  • Worcestershire CC v Tongue [2004] EWCA Civ 140. The Court considered the powers of the civil court and concluded it had no power to grant an injunction enabling a local authority to go onto land and remove animals.

Qualifications & appointments

  • Chancellor, Diocese of Derby

Memberships

  • Midland Chancery and Commercial Bar Association
  • Property Bar Association
  • Ecclesiastical Law Society
  • Ecclesiastical Judges’ Association
  • Middle Temple

Education

  • MA (Cantab.), Jesus College

Publications

  • Westlaw Insight Online Encyclopaedia: Ecclesiastical Law: Articles on Faculty Jurisdiction and Clergy Discipline.

Personal interests

Choral singing; music, particularly opera, beekeeping; skiing