Stuart Downey is a Dispute Resolution Partner and leads the Will, Trust and Estate Disputes team, working out of the firm’s Guildford office. He has an exceptional skillset, combining many years of experience in non-contentious Private Client work before advancing to Dispute Resolution. Stuart’s comprehensive knowledge spans all aspects of estate and succession planning, Inheritance Tax, and cross-border estates, along with extensive experience in estate administration, complex Wills and trusts. This rare dual expertise allows Stuart to manage complex disputes without needing to seek advice from additional non-contentious lawyers, for example, in relation to drafting of documents, administration of trusts and estates or in relation to Inheritance Tax.
Stuart’s ability to identify innovative solutions that other litigators may overlook ensures quicker, more effective resolutions, especially in Alternative Dispute Resolution (ADR) settings like mediation. His strategic approach can significantly reduce the time and cost involved in resolving disputes.
Stuart has represented a diverse range of UK and international clients, including high and ultra high net worth individuals, their families, in various capacities, whether as settlors, trustees, executors or beneficiaries. Stuart is adept at handling cases involving elderly and vulnerable clients, particularly where mental capacity is in question. Stuart also represents a number of corporate and charitable organisations.
Expertise
Stuart specialises in all types of Will, Trust and Estate Disputes, offering a highly personalised service to his clients focused on resolving issues efficiently and effectively. His areas of expertise include:
- Will disputes, including:
- Lack of testamentary capacity;
- Lack of due execution;
- Lack of knowledge and approval of the Will;
- Undue influence, fraudulent calumny or duress;
- Fraud or forgery;
- Rectification and construction of Wills and trusts;
- Setting aside trusts for mistake;
- Inheritance Act claims for spouses, former spouses, cohabitees, children, and financial dependents;
- Trust disputes;
- Breach of trustee duties;
- Disputes over lifetime gifts;
- Disputes between trustees and/or executors and/or beneficiaries;
- Claims regarding beneficial ownership of assets, including property;
- Contentious estate administration;
- Financial abuse; and
- Professional negligence in relation to Wills, trusts, and estates.
Work Highlights
- Successfully resolved a long-running, multi-jurisdiction dispute relating to an estate worth over £20m with complex arguments as to the beneficial ownership of joint assets and their devolution on death.
- Defended a claim alleging fraud in relation to the deceased’s purported last Will, securing a successful outcome for the client.
- Represented a surviving wife in her 30s in a high-value claim for reasonable provision under the Inheritance (Provision for Family and Dependants) Act 1975, involving a multi-million-pound estate with a private limited company.
- Application to set aside a trust for mistake which had placed the client’s property into the trust, giving rise to an immediate seven-figure Inheritance Tax charge and negligence claim against those who drafted the trust.
- Advised executors facing a claim for removal over allegations of devastavit and maladministration, arising a decade after probate was granted.
Accreditations & Memberships
Stuart is a Trust and Estate Practitioner (TEP), and a full member of the Society for Trust and Estate Practitioners (STEP) since 2017. He is also a Full Accredited Member of The Association of Lifetime Lawyers since 2017, a member of the Law Society Private Client Section, and is recommended in the current edition of the Legal 500. Additionally, Stuart is an Associate Member of the Association of Contentious Trust and Probate Specialists (ACTAPS) and is set to become a full member in Summer 2025.
With Stuart’s unique skill set and dedication to client service, you can be confident in achieving the best possible outcome for your Will, Trust, and Estate Dispute needs.
If you have any queries regarding Trusts or Estates, please do not hesitate to contact Stuart.
