Charles Holbech Call: 1988 Education: BA (Oxon) ADR Group Accredited Mediator Charles specialises in all aspects of property, land and trust law, with a mix of litigious and advisory work and associated professional negligence claims. He has extensive experience in trust drafting, the use of trusts in tax planning and in matters relating to trust administration. His private client work also includes wills, probate, succession and claims relating to the estates of deceased persons, including the area of family provision. His property practice includes commercial, residential and agricultural landlord & tenant law, leasehold enfranchisement, conveyancing, mortgages and manorial rights, and markets and fairs. Charles is also experienced in negligence claims relating to property, trust and tax matters. Charles is a regular author of topical bulletins on various subjects, copies of which can be made available upon request. Trusts: He has extensive experience in trust drafting, the use of trusts in tax planning, and in matters relating to trust administration. Trust litigation, both friendly and hostile, is one of his specialities. He is a member of the Society of Trust and Estate Practitioners and of the Association of Contentious Trust and Probate Specialists. Wills, Probate and Administration: He has considerable experience in relation to wills, probate and administration, succession and claims relating to the estates of deceased persons, including family provision claims. Inheritance Tax: He has edited Halsbury’s Law of England on Inheritance Tax and is experienced in estate planning and capital taxation in relation to trustees and individuals. He is a member of our specialist tax group. Court of Protection: He is experienced in all matters relating to patients, the Court of Protection and Enduring Powers of Attorney. Property & Land: His experience covers the whole field of property and land law, including commercial and residential landlord and tenant disputes, manorial rights, markets and fairs, leasehold enfranchisement, possession proceedings, mortgages, easements, restrictive covenants, options, conveyancing, boundary disputes, dilapidation claims, licences, adverse possession, land registration, rights of co-owners, applications for sale of land, planning, trusts of land, land taxation, overage agreements, proprietary estoppel, property related negligence and insolvency, and equitable claims as they affect land. Mediation: Charles is a qualified mediator and member of ADR Group. He has acted in the capacity of mediator and in representing clients at mediations. Cases for Charles include: Burkett v Chubb (2010, Unreported. High Court Chancery Division). A case where Charles successfully set aside a Will on the grounds that the testator did not approve of its content. Thompson v Humphrey [2009] EWHC 3576 (ch) A leading case on constructive trusts and cohabitees. Sammut v Manzi [2008] UKPC 58. Charles recently appeared before the Privy Council in this leading case on the construction of wills, where he successfully argued in favour of a per capita, as opposed to a per stripes distribution. Garland v Morris [2007] 2 FLR 528 and Robinson v Bird [2004] WTLR 257 Charles acted in these two leading cases in regard to claims by adult children under The Inheritance (Provision for Family and Dependants) Act 1975. HSBC Trust Co (UK) Ltd v IRC A case in the Lands Tribunal involving the valuation of a minority share in land for the purposes of Inheritance Tax. Campbell v Griffin [2001] WTLR 981 Charles appeared in this Court of Appeal case on proprietary estoppel. Singh v Albert Chancery Division [2005] All ER (D) 240 (Feb) A High Court case involving a dispute as to the resealing of a foreign grant of probate. Blink v Botes [2005] (Unreported - Adjudicator to Land Registry) An interesting case on a claim to register title to land by virtue of adverse possession where the objector had no interest in that land. Charles acted for the objector and was successful in dismissing the application.

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