Edward Hewitt
Edward is a member of 5 Stone Buildings in Lincoln's Inn. He has a broad Chancery practice with a particular emphasis on private client work. He is predominantly a litigator who focuses on all manner of disputes concerning estates and trusts, including offshore trusts. He also has experience litigating in the Court of Protection and dealing with professional negligence claims arising in the private client arena. Edward is a native Italian speaker and is often instructed in cases involving an Italian element.
Practice Area
Panel
- Contributing Author
Qualified Year
- 2007
Membership
- ACTAPS, British Italian Law Association
- STEP (affiliate member)
- Chancery Bar Association
Education
- BCL (Brasenose College, Oxford)
- LLB (King's College London)
1 Contributions by Edward Hewitt
PRACTICE NOTES
Personal representatives in Inheritance (Provision for Family and Dependants) Act 1975 claims: neutrality, procedure, ADR, costs and dual-capacity/discretionary trust issues (England and Wales)
The role of personal representatives
Applications for reasonable financial provision from an estate under the Inheritance (Provision for Family and Dependants) Act 1975 (I(PFD)A 1975) appear to be increasing. Consequently, it is more likely that personal representatives (PRs)—whether executors or administrators—will need to address such a claim during the administration of the estate. This can be challenging, as PRs may feel caught between opposing sides, namely the claimant and the beneficiaries taking under the Will or the intestacy rules. This Practice Note explores the position of PRs in relation to I(PFD)A 1975 claims. Although it is well understood that, when faced with an I(PFD)A 1975 claim, PRs should remain neutral, that approach raises practical queries, such as:
how PRs should respond to requests for information from someone threatening to bring an I(PFD)A 1975 claim
what PRs ought to do if beneficiaries are exerting pressure for distributions despite an I(PFD)A 1975 claim
how PRs can stay neutral where they are also beneficiaries of the estate
what role PRs should adopt if an I(PFD)A 1975 claim proceeds to mediation...
Private Client
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