Alexander Drapkin - 5 Stone Buildings
Junior counsel

Alexander Drapkin

Call to Bar:2011

Chambers and Partners High Net Worth

“Alexander is a pleasure to instruct, he is charming and highly intelligent. I always know that the client is in safe hands. His preparation is meticulous and he really listens to clients."

Alexander’s practice is predominantly split between Court of Protection work and all manner of trust and estate matters. In the Court of Protection Alexander deals with both property and affairs and health and welfare matters. He is the only junior barrister listed by Chambers and Partners in both areas of work.

Alexander’s non-contentious practice extends to all trust and estate matters as well as private client tax advice. He also has a specialised practice advising on regulated funeral protection plan trusts. Alexander has an interest in several slightly less common areas of work, including disputes over the disposal of dead bodies, entails and settled chattels and complex non-contentious probate matters.

5 Stone Buildings - building sign
Chambers and Partners UK Bar 2024

"He is brilliant at putting clients at ease"

Chambers and Partner UK Bar 2023

"Alexander is a pleasure to instruct, charming and highly intelligent. I always know that the client is in safe hands."

Chambers and Partner UK Bar 2023

"His preparation is meticulous and he really listens to clients and takes care to explain matters properly and carefully to them."

Chambers and Partners UK Bar 2022

"He is masterful in his treatment of the law and the facts"

Legal 500 2022

"Alexander is a gifted barrister who can handle complex property and affairs and health and welfare issues in the Court of Protection. He makes complex and intricate issues simple, and straightforwardly explains his advice."

Chambers and Partners High Net Worth 2022

“fantastic on Court of Protection disputes”

Chambers and Partners High Net Worth 2022

“He is sharp and has an excellent feel for how cases will play out at court, which means he is able to give strong advice on strategy."

Chambers and Partners UK Bar 2020

"He is incredibly good at client handling, he knows his stuff and is also able to communicate it in a straightforward and easy to understand way."

Chambers and Partners 2019

"His responsive approach and ability to get on top of the papers really quickly is very impressive. He is able to give robust advice directly to the client both at technical and practical levels."

About Alexander Drapkin

Professional Reputation

Alexander is the only junior barrister to be recommended by Chambers and Partners UK Bar Guide 2024 for both Court of Protection Property and Affairs and Health and Welfare work. He is also recommended in Chambers UK Bar Guide 2024 and Chambers High Net Worth Guide 2023 for Traditional Chancery.

Chambers and Partners UK Bar and High Net Worth Guides 2024 – Traditional Chancery

“Alexander is highly intelligent, knowledgeable and thorough. He gives detailed yet practical and down-to-earth advice”

“Alexander is a strong junior, with a keen eye on the practical impact of his advice.”

Chambers and Partners UK Bar Guide 2024 – Court of Protection – Health and Welfare

“He gets to grips with the background information and issues at hand very quickly. He is calm, respectful and articulate on his feet.”

“He is brilliant at putting the clients at ease.”

“Alexander is good at dealing with tricky family dynamics.”

Chambers and Partners UK Bar Guide 2024 – Court of Protection Property and Affairs

“He is client-friendly and able to explain difficult concepts very well.”

“Alexander is calm, respectful and articulate on his feet.”

“Alexander is masterful in his treatment of the law and facts.”

Legal 500 Court of Protection and Community Care 2024

“Alexander is brilliant. He gets on top of the papers very quickly, is available at short notice and perfectly toes the line of being collaborative but robust with the other side. His advocacy is very good, also excellent at putting the clients at ease.”

Family Provision claims

Alexander’s practice includes many claims under the Inheritance (Provision for Family and Dependants) Act 1975. He acts for claimants of all types and for defendants. His taxation expertise is often useful in achieving an efficient settlement.

Court of Protection Property and Affairs

Alexander advises on and appears in all property and affairs matters in the Court of Protection, including applications for statutory wills and gifts; estate and tax planning on behalf of incapacitated persons; the removal of such persons as trustees; and the exercise of trust powers on their behalf. Alexander is often instructed by the Official Solicitor.

 

Alexander spent of much of 2020-2023 instructed (together with Parishil Patel KC) by the Official Solicitor on behalf of the billionaire businessman, Srichand Hinduja, in extensive property and affairs proceedings in the Court of Protection. The proceedings encompassed c. 20 hearings spanning a wide range of issues and eventually led to two judgments of Hayden J (as Vice President of the Court of Protection) on the issue reporting restrictions (Hinduja v Hinduja [2022] EWCOP 36 and [2022] EWCOP 37) as well a judgment of the Court of Appeal on the same issue ([2022] EWCA Civ 1492).

 

Alexander was previously instructed, together with David Rees KC, by the trust corporations of 11 leading solicitors’ practices in the hearing of 36 applications for deputyship, listed together as a test case. The judgment of HHJ Hilder, listed below, outlines what is necessary for the court to be sure that a trust corporation is suitable to be appointed deputy for property and affairs and creates a mechanism whereby that information can be provided.

 

Alexander is often instructed by the Official Solicitor in property and affairs applications, including in Re PP, long running litigation in which the ratification of a large gift by an attorney was sought. Guidance was given concerning the conflicted position of some attorneys when investing in inheritance tax-saving products, such as ‘Octopus’ bonds. The judgments are listed below.

Recent reported cases include:

  • Hinduja v Hinduja[2022] EWCOP 36, [2022] EWCOP 37, and [2022] EWCA Civ 1492
  • In the matter of Various Incapacitated Persons and the Appointment of Trust Corporations as Deputies [2018] EWCOP 3
  • Re PP[2017] EWCOP 29, [2016] EWCOP 65 and [2015] EWCOP 93.
  • Re JW [2015] EWCOP 82 [2016] COPLR 36.

 

Court of Protection Health and Welfare

Alexander has a substantial health and welfare practice, appearing on applications concerning incapacitated persons’ care, contact and residence and treatment both inside and outside a DOLS context. Alexander’s include commissioners of statutory services, including local authorities and NHS Clinical Commissioning Groups/Integrated Care Boards; family members and P by the Official Solicitor. Alexander has experience of cases concerning people transitioning out of long term detention under the Mental Health Act 1983. Alexander accepts legally aided instructions where appropriate.

 

Alexander spent of much of 2020-2023 instructed (together with Parishil Patel KC) by the Official Solicitor on behalf of the billionaire businessman, Srichand Hinduja, in proceedings in the Court of Protection with a very extensive health and welfare element. The nature of the health and welfare issues remain subject to reporting restrictions but the proceedings encompassed c. 20 hearings spanning a wide range of issues.

 

Alexander has particular expertise in complex issues of open justice in the Court of Protection. The Hinduja case led to two judgments of Hayden J (as Vice President of the Court of Protection) on the issue of reporting restrictions (Hinduja v Hinduja [2022] EWCOP 36 and [2022] EWCOP 37) as well a judgment of the Court of Appeal on the same issue ([2022] EWCA Civ 1492). The judgments examine how to handle the issues might be handled in the case of a high-profile incapacitated person. Alexander has also acted for the NHS commissioner in the well-publicised case of Tony Hickmott since 2019, in which Sky News and the BBC made an application for Mr Hickmott to be named.

Alexander’s property law background can be of assistance where the arrangement incapacitated person’s assets is key to understanding the options available for their care and residence. This can also involve a consideration of the preservation of such persons’ means-tested benefits. Alexander also advises on means testing for statutory services and deprivation of assets legislation.

  • Hinduja v Hinduja [2022] EWCOP 36, [2022] EWCOP 37, and [2022] EWCA Civ 1492
  • Re Tony Hickmott

 

 

Trust and Estate Disputes

Alexander’s contentious trust work includes all actions for breach of trust and the removal of trustees, establishing resulting and common intention constructive trusts, construction and rectification of trust documents, and trustees’ applications for directions.

 

In the estate context, Alexander is instructed in all probate claims, including those alleging lack of capacity, want of knowledge and approval, undue influence and fraud. Alexander also advises and acts in estate administration claims of all kinds, including those for the removal of personal representatives or claims for an account, as well as claims for the construction and rectification of wills.

 

Alexander’s practice includes many claims under the Inheritance (Provision for Family and Dependants) Act 1975. He acts for claimants of all types and for defendants. His taxation expertise is often useful in achieving an efficient settlement.

 

Unusually complex or tactically important non-contentious probate claims in the Principal or District Registries are a specialism of Alexander’s.

 

Alexander is always willing to advise on the inheritance tax and capital gains tax aspects of all his work and has experience of advising on and leading tax-driven applications under the Variation of Trusts Act 1958.

Recent reported cases include:

  • Anstey v Mundle and anor [2016] EWHC 1073 (Ch) – advising and representing the Claimant in both an application for an urgent interim injunction to restrain the repatriation of her late father’s body to Jamaica and a subsequent a trial in the High Court for final directions as to the body’s disposal.
  • Slattery v Jagger [2015] EWHC 3976 (Ch) – advising and successfully representing the Claimants in a two-day will rectification claim in the High Court.

 

Non-contentious advice

Alexander regularly provides non-contentious trust and estate administration advice, including advice on capital taxation and tax planning. In addition, Alexander is always willing to deal with non-contentious issues requiring the assistance of the court, such as some applications for the replacement of incapable trustees, agreed construction and rectification claims, and non-contentious trustees’ directions.

Alexander has a specialist practice advising on the tax efficient settlement of claims under the Inheritance (Provision for Family and Dependants) Act 1975.

Alexander’s practice includes advising on pre-paid funeral trusts. These trusts are set up to hold assets securing the performance of pre-paid funeral plans. Alexander has experience considering and applying the regulations on pre-paid funeral plans as they apply to trusts, drafting new compliant trusts, and advising on issues arising out of non-compliant legacy funeral plan trusts. Alexander also advises on the taxation of such trusts.

Education and Qualifications

Alexander read English Language and Literature at King’s College London from where he graduated with First Class Honours. He achieved a Distinction in the Graduate Diploma in Law at City Law School, where he also undertook the BPTC.

Alexander was awarded a Hardwicke Entrance Award by Lincoln’s Inn and is also a Lord Denning Scholar.

Professional Memberships

Member of the Chancery Bar Association.

Publications and Lecturing

Alexander frequently writes articles and lectures on areas within his practice area. Recent topics include trusts issues in divorce law, Beddoe relief, inheritance tax planning by attorneys, and claims for the rectification of wills. He has also lectured at UCL on inheritance tax and written headnotes for the Wills and Trusts Law Reports.

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