Ones to Watch in Private Client Services
Griffith Smith Farrington Webb LLP (‘GSFW’) is a leading firm of solicitors
based in Sussex, UK. We spoke to Deborah Cain, Partner at Griffith Smith
Farrington Webb, to find out more about her company, and got her insight on
the many disputes that she works on in her region.
Company: Griffith Smith
Farrington Webb LLP
Name: Deborah Cain
Email: [email protected]
Web: www.gsfwsolicitors.co.uk
Telephone: 01273 834008 or
07876 835439
Our firm services the needs of both commercial and
private clients, although my specialism is in litigation
and dispute resolution with an emphasis on disputes
relating to the estates of deceased persons with
assets in England and Wales, irrespective of their
domicile or nationality, or UK Trust assets.
controversial in recent years, but it is important to
understand that it is not the sledgehammer into
testamentary freedom, despite what many people
have suggested. Each case turns on its facts, and
the Act will only apply if the deceased was domiciled
in England and Wales.
In my field of work, there are a number of disputes
where I am asked to give my expertise. These include
challenges to the validity of wills or trusts, claims
for financial provision from an estate (regardless of
what the will or intestacy means), trust disputes,
disputes between beneficiaries, disputes between
trustees (and/or personal representatives), and
disputes arising from a deceased person allegedly
having promised an asset to someone during their
lifetime, but not having fulfilled the alleged promise
by providing for it in a will.
In terms of our clients, many are high net worth
individuals, and some of them are overseas but
become involved in a dispute about UK assets. I
have practiced law since 1998 and am a recognised
leader in my field, ranked in both the Chambers and
Legal 500 publications. I am also a long standing
member of the Association of Contentious Trust
and Probate Specialists (‘ACTAPS’), which is an
organisation for lawyers who specialise in this area
of law.
When working in these areas, there are all sorts of
issues which can arise. Among these include how
you obtain information and documentation from
trustees, and which information and documentation
people are entitled to. Obtaining a copy of a will
can also be a challenge, as well as how to go about
obtaining a lawyers will or trust file containing key
evidence. For trustees, there are issues concerning
what to do when a trustee is in breach of trust and
what can a trustee do about a beneficiary who is too
demanding or making allegations. On top of this,
we also need to look at how to go about removing
trustees and on which grounds they could be
removed.
In my jurisdiction of England and Wales, unlike many
others, there is the concept of ‘testamentary freedom’.
This means that one is free to leave their UK assets to
whomsoever they wish, or as Mr Justice Cockburn put
it back in 1870: “The English law leaves everything
to the unfettered discretion of the testator”. This is
distinct from the forced heirship regimes which exist
in other jurisdictions like France, where legislation
governs where assets will go when we pass away.
Therefore, if you have assets in England and Wales,
the chances are you will need an English will to
ensure the assets go where you want them to.
Although I do not deal with estate planning and will
drafting myself, Griffith Smith Farrington Webb have
a team of eight specialists who do, and are always
happy to advise on making an English will or setting
up a trust.
The concept of ‘testamentary freedom’ can be a
little misleading as there is also, under English law, a
piece of legislation called the Inheritance (Provision
for Family & Dependants) Act 1975. This Act lists
people who are eligible to bring a claim for financial
provision from an estate, regardless of what a will
says or what the effect of an intestacy may be.
The way the courts have applied the Act has been
I regard my role as one of not only advising clients
about the law and fighting their corner, but also
guiding them through a process which, more often
than not, has followed the death of a loved one,
thereby adding to the stress involved. As a result,
I have a first class reputation in my practice area,
and, according to the Legal 500, am someone who
“fights harder than anyone for the client” and am
“exceptionally good in the area”. My clients are
the ones who want me on their side, as opposed to
against them.
Furthermore, I have close relationships with other
lawyers who refer clients to me if they are unable
to act themselves. This may be due to a conflict of
interest or simply because they are not familiar with
contentious inheritance issues and are aware that
they will be unable to deliver the best service. This
area of law is very much specialist, and requires a
high level of knowledge in this particular area.
As a result of my expertise, I often write blogs about
new legislation or case law which impacts upon this
area of law and have written articles for a number of
publications, including the Financial Times Online.
I find that it is crucial to keep up to date and well
informed about the decisions of the courts. If a
lawyer does not do so, they will be unable to advise
their clients properly.
My cases are generally heard at the High Court in
London or the Court of Appeal, which is an hour
commute from Brighton. Nonetheless, being Sussex
based is not a hindrance. In fact, it allows me to
offer more competitive fee rates than most London
based lawyers. Reputation is paramount, and as
long as a client knows that they are receiving a first
rate service from a specialist, geography is of no
consequence. This is obviously the case now more
than ever because of the advances in technology,
and I can just as easily communicate with a client in
the Channel Islands, Asia or The Cayman Islands, as
I can with a client located in Sussex.
Acquisition International - December 2015 49