Claire Van Overdijk Estates, Trusts & Tax
Claire has a busy traditional chancery practice and is a full member of the Society of Trust and Estate Practitioners. Her practice encompasses the following areas:
Contentious probate: Claire undertakes a wide variety of contentious probate work including capacity challenges, knowledge and approval, undue influence, fraud and rectification and construction claims.
Family provision claims: Claire advises and represents claimants and defendants on applications for financial provision under the Inheritance (Provision for Family & Dependants) Act 1975.
Trusts: Claire receives instructions in relation to the removal of trustees/personal representatives and claims involving allegations of breach of trust/duty. She also advises in relation to charitable trusts and trusts of land.
Non-contentious work: Claire advises in relation to the construction of wills and trusts and rectification claims. She also accepts instructions to draft trusts, settlements and related documentation
Mental capacity: Claire has considerable expertise in challenges relating to mental capacity. She is Deputy Head of the Court of Protection team in Chambers (see profile here) and her practice in this field includes the following:
· LPA/EPA: duties of attorneys; revoking an LPA or EPA; disclaiming from the position of attorney; validity of instruments; objections to registration.
· Deputyship: applications by family members or others to be appointed as a deputy; advising deputies with specific legal issues and court applications
· Gift and statutory will applications
· Removal/substitution of P as trustee
· Settlement applications: applications for approval/variation of a trust on behalf of P
· Sale of P’s property
· Will based capacity challenges
Cross border: Claire’s expertise in private international law enables her to provide advice and representation in relation to cross border estates; foreign succession and domicile; cross-border protective measures that can be taken for people who have lost capacity to manage their own affairs; the use of powers of attorney from and in other countries; and recognition and enforcement of protective measures from and in other countries.
Claire is ranked in Chambers and Partners in Court of Protection for All Circuits
Chambers UK 2016
July 2003 Called to the Bar
2000-2001 Leiden University, Netherlands LL.M Public International Law
1997-2000 University College London, LL.B (Hons) 2:1
Part-time member of University College London, Faculty of Law- tutor on the International Commercial Litigation (LL.M) course
Court of Protection Practice, (Jordans) (co-author)
The International Protection of Adults, (OUP) (co-author)
Mental Capacity Law and Practice, (3rd Edition) (Jordans) (co-author)
Claire was appointed to the Attorney-General's B Panel of Junior Counsel to the Crown in civil matters in June 2016 (commencing 1 September 2016), following two years on the C Panel.
Administrative Law Bar Association
Court of Protection Practitioners Association
Society of Trust and Estate Practitioners (Full member)
Chancery Bar Association
Good working knowledge of Spanish and Portuguese