Wilkinson v Hicken
[2023] EWHC 1983 (Ch) (instructed on interim application concerning trial on written evidence for a grant in solemn form of a will , challenged on the ground of lack of testamentary capacity)
Imogen Halstead is a specialist in disputes concerning inheritance, trusts, property and related professional negligence. She has extensive experience in litigation in these areas and regularly appears in multi-day contested trials within the High Court and Business and Property Court.
Imogen’s busy court practice is complemented by her considerable experience in obtaining successful outcomes in mediations, negotiations and FDR hearings. Her meticulous attention to detail and thorough approach makes her well-suited for complex legal disputes.
Imogen is highly-ranked in the Legal Directories and has a wide-ranging and thorough knowledge of all drafting required for contentious disputes. Client’s commend her approachability, insight and pragmatic advice.
Imogen has extensive experience in acting in claims under the 1975 Act and appears regularly in multi-day contested trials in these disputes. She acts for both claimants and defendants and her recent instructions include advising, drafting and acting in claims against large estates brought by adult children and spouses. She has recently acted in claims running to trial on applications under section 9 (making available the Deceased’s severable share in property), section 11 (contracts to leave property by will) and section 4 of the Act (permission to bring proceedings out of time), in the latter instance, appearing in the Court of Appeal.
Mediation and FDR hearings are a frequent feature of the 1975 Act cases in which Imogen is instructed and clients commend Imogen’s pragmatic approach and creative solutions for exploring settlement on these occasions, together with the productive rapport Imogen is able to develop with both clients, opponents and judges.
Imogen’s expertise spans the gamut of estates disputes. She is regularly instructed to pursue and defend claims setting aside wills on the grounds of formal invalidity, fraud, lack of testamentary capacity, want of knowledge and approval and undue influence.
Recently, Imogen has acted in a contested will challenge brought on the grounds that the testator’s personality disorder rendered him incapable of weighing fairly the interests of his children, and two challenges based on a testator’s delusion that a beneficiary had stolen from them.
Imogen also regularly acts in proceedings relating to the administration of estates, including claims for executors to produce an account, for executors to proceed with the sale of estate property, alternatively for executors to be removed. She is also instructed in applications for declarations of presumed death and con-contentious summonses within the Probate Registry.
Imogen’s instructions in the above areas include acting both in and out of court, including in mediations and FDR hearings.
Imogen has a broad experience of landlord and tenant litigation, ranging across both the residential and commercial sphere.
Imogen’s residential practice includes contested claims for possession and forfeiture, enfranchisement and service charge disputes. She has recently advised on the illegitimate use of service charge funds by management companies.
Imogen’s commercial landlord and tenant practice includes the renewal of business tenancies and disputes concerning forfeiture and relief. She has recently appeared in a multi-day contested hearing for breach of lease in relation to the demise of a car park not owned by the landlord.
Disputes about the existence and enforcement of rights between joint owners form a large part of Imogen’s practice. She has particular expertise in arguing cases relating to interests arising out of resulting trust, constructive trust and proprietary estoppel and has represented clients on such matters in both in contested trials and FDR hearings.
Imogen regularly acts in applications for orders for sale under the Trusts of Land and Appointment of Trustees Act 1996 and in actions for the taking of account between joint owners upon sale.
Imogen often appears in contested disputes concerning rights over land both at court and in the First-Tier Tribunal (Property) Chamber. Her court experience is supported by a busy advice practice on issues relating to ownership, matters concerning the register (including the cancellations of restrictions and applications to rectify), easements and title. Her knowledge of the Land Registry Procedure and conduct of matters in the Tribunal mean that Imogen is well-placed to advise clients from an early stage both as to prospects and the appropriate procedure.
Imogen’s real estate practice is supplemented by her specific experience in adverse possession, both in the registered and unregistered systems.
Disputes concerning mortgagees’ rights form a regular part of Imogen’s court practice as do contested applications concerning priority of interests.
Imogen has extensive experience in acting in professional negligence actions arising out of wills and conveyancing. In particular, she has recent experience in claims concerning the negligent drafting of a will trust which, contrary to advice, did not avoid a charge to Inheritance Tax, the negligent registering of a tenants in common restriction where land was held subject to joint tenancy, the failure to advise of the existence of a toxic service charge clause and the failure to advise of the existence of restrictive covenants / easements.
Imogen regularly advises and carries out necessary drafting for the pursuit of such claims and is instructed to act both in mediations and contested trials.
Following the release of the Legal 500 and Chambers and Partners UK rankings, we are pleased to announce that No5 has once again obtained its…
Thomas Sismey v Marissa Salandron Section 11 of the Inheritance Act 1975 has been litigated to trial for the first time, providing significant consequences for…
"Imogen is clever in understanding client needs and is very skilful."
"Imogen is very client-friendly and knowledgeable."
"Imogen has exceptional knowledge and builds a great rapport with clients."
"Imogen is approachable and makes herself available to answer queries at all stages of the litigation. She has in-depth knowledge and expertise in dealing with contentious estate matters."
"She is very approachable and thorough. She is easy to deal with and is tactically aware."
"She has an exceptional knowledge and builds a great rapport with clients."
"She has a great intellectual while also being pragmatic and good with clients."
"Imogen is a fantastic barrister. She has great technical knowledge in the area, is brilliant with clients and turns around work quickly. Her advocacy skills are excellent, and she is formidable in court."
"Imogen has in-depth knowledge and expertise in dealing with contentious estate matters."
"Imogen has exceptional knowledge and builds a great rapport with clients."
"Imogen provides robust advice, has excellent advocacy and communication with clients."
"Imogen has an exceptional eye for detail and is particularly determined on behalf of clients."
"She is an excellent and very approachable barrister. She is very thorough and knowledgeable and an amazing advocate."
"Robust, dependable and pragmatic advice. Excellent with clients in conference."
"She's a rising star." "Imogen is knowledgeable, decisive and works collaboratively with her instructing lawyers." "She is very user-friendly, practical and gets on very well with the clients."
"Very good with clients, well organised, knowledgeable and commercial. Excellent on her feet - unfailingly courteous to both the court and her opponents. )"
"An extremely strong, confident advocate who instils that confidence in both instructing solicitors and clients."
Following the release of the Legal 500 and Chambers and Partners UK rankings, we are pleased to announce that No5 has once again obtained its…
Thomas Sismey v Marissa Salandron Section 11 of the Inheritance Act 1975 has been litigated to trial for the first time, providing significant consequences for…
