Niamh Davis

Niamh has the following trusts, probate, and estates experience:

• Acting for a residuary beneficiary in a dispute over the ownership of UK and international assets worth £5 million Acting as sole counsel on a challenge to a will on the basis of want of knowledge and approval.
• Appearing in a mediation on behalf of a beneficiary defendant in a respect of a dispute as to ownership of land bequeathed under a will.
• Advising on the merits of a settlement for a child.
• Appearing at an approval hearing for the approval of a settlement for a protected party (led by Owen Curry and Elspeth Talbot Rice KC).
• Advising on and drafting deeds of appointment and advancement to transfer assets out of an existing trust into a vulnerable person’s trust.
• Drafting (as junior counsel led by Timothy Sherwin) statements of case in respect of a claim of fraud in relation to advice as to the distribution of an estate comprising classic cars.
• As junior counsel (led by Andrew Holden and James Bradford), acting for a protector seeking to appoint and remove trustee of a Guernsey trust.
• As junior counsel (led by Robert Howe KC and Andrew Holden), acting on behalf of heirs in relation to a judgment obtained against their deceased relative. Conflict of laws questions as to jurisdiction also arose.
• Advising (as junior counsel led by Timothy Sherwin) on the validity and interpretation of gifts in a will.
• Acting as junior counsel (led by Adam Cloherty KC) for beneficiary in dispute over the ownership of UK and international assets.
• Advising (as junior counsel let by Edward Cumming KC) on proposed amendments to the Guernsey Trusts Law to incorporate ESG considerations.

During pupillage, Niamh gained the following trusts, probate, and estates experience:

• Assisting Andrew Holden by advising on the courts’ approach to interpretation of express indemnity clauses for protectors in trust deeds.
• Assisting Daniel Warents with advice on a claim in relation to the administration of and succession to an estate, involving questions of governing law, domicile, and the application of the non-contentious probate rules.
• Assisting Edward Cumming KC with advising on the effect of letters of wishes and ‘no contest clauses’ in a trust.
• Assisting with drafting statements of case in respect of a grant of administration in relation to foreign property and a foreign domiciled deceased.
• Assisting Erin Hitchens with advising on the operation of charitable trusts.
• Assisting on a dispute concerning the entitlement to a grant of letters of administration over an English estate.
• Assisting Erin Hitchens with drafting statements of case in relation to claims for the rescission of transactions on the basis of undue influence and declarations as to the beneficial ownership of various properties.
• Assisting with a matter involving the administration of the insolvent estate of a deceased person.
• Assisting Erin Hitchens in drafting statements of case in relation to claims arising from the distribution of an estate, on the bases of knowing receipt, unjust enrichment, and conspiracy, and seeking proprietary remedies.
• Assisting Hugh Miall with advice on the law of matrimonial domicile and the jurisdiction of the English courts in relation to a dispute over foreign shares.
• Assisting Hugh Miall with advice on the operation of a common intention constructive trusts in respect of foreign shares.
• Assisting Owen Curry with an application for orders and directions in respect of the administration of an estate pursuant to CPR Rule 64(2).