Jason Oliver | Partner | Contentious Probate Specialist

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Southampton 023 8048 2482

Winchester 01962 679 777

info@parissmith.co.uk

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Jason Oliver

Partner - Personal Disputes and Commercial Disputes

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My experience

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.

How I’ve helped our clients

Jason quickly analysed correspondence I shared, together with background from our phone discussion, to prepare a very relevant and helpful response to a letter of claim in connection with my role as an executor. Definitely gave me confidence and put my mind at rest.

Contentious Trust Client

Responsive progress when required; felt advice given was appropriate and helpful without emotional bias (which was much appreciated In the difficult circumstances I was put in). I felt that Jason Oliver was ‘going the extra mile’ for my mother and myself.

Client - Contentious Trust & Probate

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

I used Paris Smith in a family situation that I was finding immensely stressful. Jason listened carefully, and gave the time required to understand the problem. He followed up the initial meeting with some very sound advice, and had a great knack of cutting through the emotion to work out the issues. I remain very grateful for his pragmatic and level-headed approach.

ST

Thank you for an outstanding, efficient and knowledgeable service in our legal matter. You were a real rock in our time of panic and crisis.

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Southampton: 023 8160 0702

Winchester: 01926 941 021