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Paul Hewitt

Partner | Withers

Office Location: England and Wales

Jurisdiction

England and Wales

Top Specialisms

Estates: Contentious

Trusts: Contentious

Professional Biography

I focus on domestic and cross border contentious trust and probate disputes, working with lawyers in numerous jurisdictions. I have a good record in resolving disputes pre-trial – but sometimes trial cannot avoided… I co-author Probate Disputes and Remedies (Jordans) and led the team which recently succeeded in setting aside a purported professionally drafted will in Bond v Webster after a record 16-day probate trial. The Court of Appeal decision in Hawes v Burgess, where I also acted for the successful party, is often cited as authority on the importance of an experienced solicitor's assessment. I have a particular interest in representing families with connections to the sub-continent and represented His Exalted Highness Nizam VIII of Hyderabad in Pakistan v Prince Mukarram Jah a dispute with India and Pakistan successfully securing funds our client's grandfather had deposited with NatWest in 1947. A co-author of Inheritance Act Claims (Law Society), I have high profile 1975 Act successes in Bhusate v Patel (claim allowed a record 26 years out of time, upheld on appeal Thakare v Bhusate), and in Cowan v Foreman, Court of Appeal allowing our client to bring her claim for financial provision out of time. I am interested in the interaction between forfeiture and suicide/ 'mercy killings', with cases including Macmillan Cancer Support v Hayes and Withers Trust Corporation v Estate of Goodman. I do a considerable amount of work defending charities legacy income, eg British Diabetic Association v Chenery [2024] proving a will written on bits of cardboard.

Question : What drew you to specialise in private client law/ wealth advisory?

Answer: It was an accident...