Mark Lindley

Practice Areas

Mark specialises in resolving disputes regarding trusts, estates, tax, gifts and matters relating to mental capacity, with particular expertise in relation to offshore and cross-border estates.

He has advised on matters where proceedings have taken place in many jurisdictions, including Jersey, Guernsey, Gibraltar, the Isle of Man, the British Virgin Islands, Bermuda, Scotland and elsewhere.

The types of work Mark deals with include:

Breach of trust and removal claims against trustees, executors and administrators;

Advising trustees, executors and beneficiaries in relation to applications relating to the interpretation of trust deeds, wills and other documents, the approval of decisions by trustees and other issues arising in the administration of trusts and estates;

Professional negligence claims against trustees and professional advisers, particularly relating to advice on transactions giving rise to unexpected tax consequences and claims seeking to set aside such transactions;

Claims relating to the validity of wills, gifts and other documents challenged on the grounds of undue influence, fraud and a lack of mental capacity;

Claims for financial provision under the Inheritance (Provision for Family and Dependants) Act 1975;

Proprietary estoppel claims and claims based unjust enrichment;

Claims relating to Deputies and Attorneys in the Court of Protection, including applications for statutory wills and approval of gifts; and

Unfair prejudice petitions / claims for just and equitable winding up, particularly of family businesses.

He also works with individuals, families and trustees in relation to planning needs, drawing on his experience as both a private wealth adviser and litigation lawyer. Mark is often approached to act as litigation friend for protected parties and as replacement trustee or personal representative in removal proceedings.