Court of Protection: Property & Affairs
All Circuits
14 years ranked
Provided by 5 Stone Buildings
Broad traditional chancery and Court of Protection practice, weighted towards contentious work, with a particular emphasis on contentious probate and Inheritance Act litigation, trust disputes, property and affairs work, personal and trust taxation, and related professional negligence.
Chancery Bar Association
Court of Protection Bar Association
Property Bar Association
Co-author (with Penelope Reed KC and Martin Frost) of Risk and Negligence in Wills, Estates, and Trusts (OUP, First Edition 2009, Second Edition, 2014).
The core of Mark’s practice consists of disputes as to the administration and distribution of deceased’s estates, including advising on and litigating contentious probate claims (on all grounds), Inheritance Act claims, proprietary estoppel and other equitable claims to estate assets, construction and rectification, and substitution and removal of Personal Representatives.
Mark also regularly advises in respect of the administration of trusts and disputes arising therefrom, especially as to breach of duty and/or the proper exercise of discretions, including the appointment and removal of trustees. Acting in such cases often involves aspects of real property law and requires Mark to advise on aspects of professional negligence and the taxation of trusts and estates.
Mark’s COP work focuses on the appointment and removal of deputies and attorneys (including in the context of alleged breaches of duty), statutory wills, and lifetime gifting. His work often includes health and welfare aspects and entails acting for high-net-worth individuals. He has particular experience before High Court Judges sitting in the COP.
Many of Mark’s cases settle, often at mediation, and remain confidential.
Provided by Chambers
Mark Baxter is an active Court of Protection barrister who handles a number of complex cases as part of his wide chancery practice. He has broad spectrum experience including disputed deputyships, contested statutory wills and trusts.
Mark Baxter's particular strengths within a respected traditional chancery practice are contentious probate and Inheritance Act cases. He also handles Court of Protection work.
Provided by Chambers
Mark has been really excellent - very responsive and pragmatic.
Mark Baxter is a really good practitioner. His drafting is focused and his advocacy is calm.
Mark brings together tax, trust and professional negligence. He is eminently practical in reaching conclusions for clients.
Mark Baxter is very user-friendly and excellent for complex Court of Protection matters crossing over with trusts; that is his niche.
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