Edward Hewitt

For practice areas see below

 

Practice

Edward has a wide Chancery practice and accepts instructions in all of Chambers' practice areas. He is regularly instructed in relation to challenges to the validity of wills, claims brought pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 and all manner of trust disputes, both on and offshore, where he has advised on Jersey trust disputes and has appeared unled in the Grand Court of the Cayman Islands. He has experience in advising and acting in claims brought pursuant to the Variation of Trusts Act 1958, applications for the proper construction and the rectification of wills and trust instruments and applications for the removal and substitution of trustees and personal representatives. Edward also has experience of litigating in the Court of Protection and of professional negligence claims in the private client arena.
On the non-contentious side, Edward has experience drafting and advising in relation to wills, trusts and estates and ancillary tax issues.
Edward is a native Italian speaker and is often instructed in cases involving an Italian element.

 

Notable Cases

  • Blades v Isaac[2016] EWHC 601 (Ch). Edward represented the beneficiary in this claim against trustees for disclosure of information concerning a discretionary trust. The decision considers the costs consequences of different types of trust litigation and analyses the interaction between inter partes costs orders and a trustee’s right to an indemnity.
  • Fielden v Christie-Miller [2015] EWHC 2940 (Ch). Led by Gilead Cooper QC in this dispute regarding the succession to a substantial estate in Oxfordshire, which raised issues of rectification of wills and of deeds of appointment, proprietary estoppel, the requirement that trustees act unanimously, the principle that trustees must not fetter their discretion and removal of trustees.
  • Reading v Reading [2015] EWHC 946 (Ch). The court was asked to decide whether the word "issue" included the testator's stepchildren and their descendants as well as his own descendants and, if not, to rectify the will. Edward represented the successful claimants throughout the proceedings.
  • JF and MF v Hexagon Investments [2014] (Cayman Islands, Grand Court). Edward appeared unled in this 2-day trial seeking declarations as to the beneficial ownership of share portfolios that had been transferred into the name of a company.
  • Christofides v Seddon [2014] WTLR 215. Edward represented the successful defendants throughout the proceedings and at the concluding 4-day trial, at which the 1975 Act claim brought by an adult son against the estate of his late mother was dismissed.
  • Re Erskine Trust; Gregg v Pigott [2013] Ch 135. The court was asked to decide whether two adopted nephews were included in the expression "statutory next of kin" in a 1948 trust and therefore entitled to the trust fund. The court held that as a matter of English law they were not, but that the European Convention on Human Rights forced the court not to discriminate against them if possible and that in the circumstances they should take. Edward represented the trustees.
  • Llewellyn v Lorey [2011] EWCA Civ 37, [2011] 1 P & CR DG61, [2011] All ER (D) 53 (Feb). Led by Vivian Chapman QC, Edward represented the successful appellants in this appeal against the finding of two prescriptive rights of way over their land and the calculation of damages for trespass. The decision confirms that an interruption in user for a period of 5 years will ordinarily be fatal to a claim for a prescriptive easement and that time will not run for prescription purposes when the servient tenement is tenanted unless there is some evidence that the freeholder knew of the user and acquiesced to it. Edward addressed the Court of Appeal on one of the grounds of appeal.

 

Professional membership

Chancery Bar Association
STEP (Affiliate Member)
ACTAPS
Lincoln's Inn Bar Representation Committee
British Italian Law Association

 

Publications

  • Co-author with Richard Wilson of Trusts Litigation Handbook, 1st ed., Jordans, forthcoming
  • Regular contributor to the LawSkills website
  • Ilott v Mitson: Round Five(!) (2015)(5) Private Client Business 242
  • Estrangements and 1975 Act Claims 2015(4) Private Client Business 172
  • Who's holding the strings? (2014) 19(3) Private Client Adviser 28
  • Re Erskine; Gregg v Pigott [2012] EWHC 732 (Ch) (2012) 18 Trusts & Trustees 718
  • The end of Re Hasting-Bass (2011) 16 Trusts & Trustees 548
  • HMRC v Re Hasting-Bass: the battle begins (2010) 16 Trusts & Trustees 548-557

 

Seminars and lectures

Edward frequently delivers seminars, lectures and webinars on all aspects of his practice, both through leading training providers and ad-hoc at venues across the UK and abroad, including his solicitors' offices. He has recently spoken at conferences and events organised by CLT, the Kent Law Society, IBC and STEP, including the STEP Caribbean Conference in the Bahamas.

 

Education

Edward read law at King's College London, graduating with First Class Honours. He then completed his BVC at the College of Law before reading for the BCL at Brasenose College, Oxford. He is a Wigglesworth and Hardwicke scholar of Lincoln's Inn and a recipient of the Buchanan Prize.