Jason Oliver

Partner - Personal Disputes and Commercial Disputes

Jason Oliver

Partner - Personal Disputes and Commercial Disputes


Chambers Top Ranked Firm 2021      Legal 500 Leading Individual 2021

 

I have over 20 years post-qualification experience across a broad spectrum of contentious matters, and am a member of the Association of Contentious Trusts and Probate Specialists
(“ACTAPS”).  My principal area of practice, which accounts for around 80% of my caseload, is contentious trusts and probate work, consisting of:

  • challenges to the validity of wills and codicils, including undue influence, issues relating to execution, testamentary capacity, lack of knowledge and approval, fraud;
  • proprietary estoppel claims;
  • Inheritance Act claims;
  • disputes between personal representatives;
  • maladministration (devastavit) by executors and administrators;
  • breach of duty by trustees and attorneys;
  • removal of executors and trustees;
  • caveats, warnings, appearances and citations;
  • donatio mortis causa; and
  • bona vacantia: challenging the entitlement of the Crown to intestate estates on behalf of intestacy beneficiaries located by genealogists.

I am regularly involved in applications to registrars and district judges as well as litigation in the High Court.

As well as my contentious trusts and probate work I regularly advise in matters such as:

  • adverse possession claims (“squatters’ rights”), and disputes relating to boundaries, easements and restrictive covenants: prescriptive easements; implied easements; challenging
    the enforceability of restrictive covenants.
  • insurance disputes: challenging underwriters’ decisions to avoid policies for material non-disclosure; policy interpretation; challenging limitations imposed on the extent of
    policy cover; complaints to Lloyd’s; complaints to Insurance Ombudsman; and
  • construction disputes: I have acted for clients in the Technology & Construction Court, the High Court and the Court of Appeal as well as adjudications, arbitrations and
    mediations.  Notable cases include the widely discussed Court of Appeal decisions in Rupert Morgan Building Services LLP Limited v Jervis and Woodlands Oak Limited v Conwell.

I am an Accredited Mediator and also Admitted as a solicitor in the Republic of Ireland.

When a distant relative died, unexpectedly I found myself as executor of her will. It was being administered by the solicitors who had been holding the Will. Annoyingly, the Will had been badly written and contained mistakes and ambiguities. It became obvious to me that those dealing with it were incapable of resolving the situation and were wrongly pursuing pointless and expensive lines of investigation. I mentioned this to a friend who told me that while dealing with Paris Smith he had learnt that they had a man who specialises in bad wills. I approached Paris Smith and Jason Oliver said that he could help me. Jason considered all the facts and immediately stopped the administering solicitors from proceeding further. With his expertise he was able to resolve the complex issues while keeping me fully informed at all times. He guided me through Zoom meetings, dealings with barristers and High Court procedures. Best of all, the estate was finally divided as originally intended. I was very impressed with the professionalism of Jason Oliver and would recommend him to anyone requiring legal advice and guidance.

Gerry Burnell

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