Hugh Cumber - 5 Stone Buildings
Junior counsel

Hugh Cumber

Call to Bar:2013

Legal500 UK Bar 2024, Private Client: Trusts and Probate

'Hugh provides excellent advice throughout all aspects of the litigation, including mediation. He is always on hand to assist with all steps in the process and goes the extra mile to help and assist his instructing solicitors.'

Hugh has a busy traditional Chancery practice covering all aspects of trusts, estates, and probate, with a focus on contentious trusts and estates work. He is ranked in Chambers UK Bar 2024 and in Legal 500 2024 for his traditional Chancery work and his Court of Protection practice.

Hugh is regularly instructed in applications to the High Court in connection with the administration of trusts and estates and often advises trustees, personal representatives, and beneficiaries. This work includes claims under the Inheritance (Provision for Family and Dependants) Act 1975, in which Hugh is frequently instructed by both Claimants and Defendants.

In the Court of Protection, Hugh is frequently instructed in contested deputyship applications, applications for statutory wills, and other applications before the Court.

Hugh appeared before the Supreme Court in Ilott v Blue Cross [2017] UKSC 17 the leading case on awards under the Inheritance Act (led by Penelope Reed KC) and in the important Supreme Court case of Parry v HMRC [2020] UKSC 35, concerning the inheritance tax treatment of pension transfers (led by David Rees KC).

After completing pupillage in Chambers, Hugh was seconded to the Supreme Court of the United Kingdom and the Judicial Committee of the Privy Council for the 2014/15 legal year to act as Judicial Assistant to Lord Neuberger, the President of the Supreme Court.

5 Stone Buildings - building sign
Chambers UK Bar 2024, Chancery: Traditional (Band 4)

"Hugh provides detailed and technical advice in a clear and down to earth way. He approaches the case with a real balance of empathy and professionalism. He is a skilled advocate."

Legal500 UK Bar 2024, Private Client: Trusts and Probate, (Leading Juniors) Ranked: Tier 4

‘Hugh provides excellent advice throughout all aspects of the litigation, including mediation. He is always on hand to assist with all steps in the process and goes the extra mile to help and assist his instructing solicitors.’

Legal500 UK Bar 2024, Court of Protection and Community Care, (Leading Juniors) Ranked: Tier 5

‘Hugh provides exceedingly prompt and helpful advice concerning an urgent court application. His advocacy is clear and confident.’

Chambers UK Bar 2024, Court of Protection: Property & Affairs (Band 3)

"Hugh combines a razor intellect with a courteous, polite and pleasant demeanour."

Chambers High Net Worth 2023, Chancery: Traditional (Band 4)

"Hugh provided detailed and technical advice in a clear and down-to-earth way. He approached the case with a real balance of empathy and professionalism. He is a skilled advocate."

Chambers High Net Worth 2021 Chancery Traditional (Band 4)

Hugh Cumber is "clever, thorough, reliable and a strong advocate," observes a source. He represents clients in trusts and estates matters, including Inheritance Act 1975 claims. "He is brilliant. He is very responsive, very flexible with his diary and very good with clients," says an interviewee, adding: "I feel he is an excellent team player. I can't recommend him highly enough."

About Hugh Cumber

Inheritance Act Claims

Hugh regularly advises on claims under the Inheritance (Provision for Family and Dependants) Act 1975.  He acted for the appellant charities in Ilott v Blue Cross in their successful appeal to the Supreme Court, led by Penelope Reed KC.

Contentious probate

Hugh regularly acts in and advises in connection with contentious probate proceedings.

His recent work includes a successful challenge to the validity of a will in the High Court on the grounds of undue influence and want of knowledge and approval.

Administration of trusts and estates

Hugh provides advice in both contentious and non-contentious aspects of the administration of trusts and estates, and regularly appears in proceedings in the High Court.

Hugh’s advisory work includes questions of construction and related issues of rectification, advice on the exercise of trustees’ powers, as well as advising on Inheritance Tax and Capital Gains Tax issues in estates and trusts.

Court of Protection

Hugh provides advice and appears in proceedings in the Court of Protection.

His practice in relation to property and affairs includes applications for statutory wills, applications relating to authorising gifting, applications in connection with litigation on behalf of P, and applications for the removal of deputies and attorneys.

His practice in relation to health and welfare includes decision-making in connection with residence, contact, and medical treatment.

Taxation

Hugh regularly advises on taxation issues in connection with trusts and estates in both a contentious and non-contentious context.

Notable court work includes:

  • Acting for HMRC in proceedings in the First-Tier Tribunal in London Luton Hotel BPRA Fund LLP v HMRC [2019] UKFTT 212 (TC), led by Jonathan Davey KC.
  • Acting for the taxpayer in proceedings in the Court of Appeal in Parry v HMRC ([2018] EWCA Civ 2266) and in their subsequent successful appeal to the Supreme Court ([2020] UKSC 35), led by David Rees KC
Education and Qualifications

Hugh read English Literature and English Language at Magdalen College, Oxford where he obtained a first class degree. He undertook a master’s degree in English Literature at Somerville College, Oxford and was awarded the Lady Margaret Thatcher scholarship by the University of Oxford.

Hugh achieved the grade of “Outstanding” in the Bar Profession Training Course at City Law School, where he also undertook the Graduate Diploma in Law. He received the Everhard Ver Heyden Foundation Prize from City Law School. He was awarded the Lord Bowen scholarship and the Lord Denning scholarship by the Honourable Society of Lincoln’s Inn, as well as the Hardwicke Entrance award.

Professional Memberships

Hugh is a member of the Chancery Bar Association (‘ChBA’) and the Contentious Trusts Association (‘ConTrA’).

Hugh is also a member of the Court of Protection Bar Association (‘CPBA’) and sits on the committee.

Publications

Hugh has previously acted as succession correspondent for Private Client Business and as case-notes editor for the Elder Law Journal and contributed headnotes to the Wills and Trusts Law Reports.  He regularly contributes articles to Trusts & Estates.

His published articles include:

(With Carmen Barragan-Lopez) “Unchained Remedy” STEP Journal, February 2023

Donationes mortis causa: a doctrine on its deathbed?” Conveyancer and Property Lawyer, 2016, 1

“IHT and Pensions: Charge ahead?” Trusts and Estates Law and Tax Journal, 2014

(With Charlotte Howard)“Where there’s a will there’s a way: Marley v Rawlings” Kings Law Journal, 2014

“Berger v Berger- How Late is Too Late?” Private Client Business, 2014, 1

“Simon v Byford in the Court of Appeal: Banks v Goodfellow revisited” Private Client Business, 2014, 3

His articles have been cited in the Law Commission’s consultation paper as part of its project ‘Making a Will’ (Consultation Paper 231)

Privacy Notice

Click here to view Hugh’s Privacy Notice.