A respected expert in the field, Elis enjoys a busy property and estates practice. He is highly sought after to advise and draft pleadings and applications in all of his specialist areas, together with non-contentious drafting such as settlement deeds and trusts.
Elis has notable expertise across the field, including trusts, probate, inheritance and estates, as well as property and professional negligence. He is frequently instructed in trust disputes, non-contentious trusts matters such as construction applications, Re Beddoe applications and Variation of Trusts Act 1958 applications, and TOLATA/proprietary estoppel claims.
His probate and inheritance work sees him advise on all aspects of estate administration (with removal of executors and administrators a particularly common field), claims under the Inheritance (Provision for Family and Dependants) Act 1975 claims and contentious probate claims, together with associated claims such as undue influence matters or professional negligence matters against estate practitioners. He has been involved in several substantial matters involving probate fraud and forgery and has wide experience of dealing with ‘problem’ trusts and estates.
His practice frequently overlaps with associated property law areas, such as co-ownership disputes under the Trusts of Land and Appointment of Trustees Act 1996, partnership disputes and proprietary estoppel actions. His agricultural background means that he has a particular interest in agricultural holdings and the law relating to them. Elis is frequently instructed to act in matrimonial cases (either alongside specialist financial remedy counsel or as sole counsel on behalf of interveners) which involve a Chancery element such as nuptial settlements, family wealth or partnership issues.
Key cases:
Hughes v Pritchard and ors [2022] EWCA Civ 386 (Court of Appeal): Junior counsel for the successful Appellant (led by Penelope Reed KC) in the appeal from the trial of this matter. An extremely rare instance of the Court of Appeal setting aside findings of fact made by the trial judge.
Cooper v Chapman and ors [2022] EWHC 1000 (Ch) (Business and Property Courts in Leeds) Represented the Defendant in a case involving the admission of a lost will to probate; the Court admitted a draft found on the Deceased’s computer despite there being no original will or signed copy in evidence.
Partington v Rossiter [2021] EWCA Civ 1564 (Court of Appeal): Acted for the Respondent in a will intepretation dispute as to whether the term ‘UK’ can be interpreted to include Jersey.
Hughes v Pritchard and ors [2021] EWHC 1580 (Ch) (Business and Property Courts in Wales): Represented the Claimant in a contentious probate / proprietary estoppel dispute; a much-discussed authority on testamentary capacity.
Higgins v Morgan and ors [2021] EWHC 2846 (Ch) (Business and Property Courts in Manchester): Acted for the Claimant in the trial of an Inheritance Act 1975 action. One of a number of recent decisions to discuss the issue of CFA success fees in Inheritance Act litigation.
Lonsdale v Teasdale [2021] EWHC 2342 (Ch) (High Court Appeal Centre Liverpool): Acted for the Appellant in an appeal from the dismissal of her contentious probate claim. The issues included the fairness of the trial at first instance and the shifting burden of proof.
Ball v Sisson and anor [2020] WLUK 544 (Business and Property Courts in Leeds): Represented the Claimant in a forged will claim. One of only a handful of reported cases where forgery has been successfully proved.
Y v Y [2019] (Principal Registry): Instructed for the wife (as trusts junior to Samantha Hillas KC) in a financial remedy case in which the husband claimed that all of his multi-million pound asset base is held in two trusts. Settled on favourable terms shortly before trial.
Re Okanlawon [2019] (Principal Registry): Acted for a widow seeking to obtain letters of administration in a Nigerian family dispute in which other members of the family alleged that the widow was in fact divorced from the Deceased and produced forged documents in order to advance that case.
Brindley v Brindley [2018] EWHC 157 (Ch) (Chancery Division, Leeds): Acted for the Claimant in a claim seeking the setting aside of lifetime transfers of property and money on the grounds of undue influence.
Jump & Anor v Lister & Anor [2016] EWHC 2160 (Ch) (Chancery Division, Manchester): Acted for the Claimants in a claim seeking the Court’s directions as regards the true construction of mirror wills.
Mediation: Elis is a qualified mediator (trained by the Centre for Effective Dispute Resolution) and accepts instructions to mediate in all aspects of inheritance, trusts and estates disputes. He is a seasoned mediation advocate, having acted in over 100 mediations, and is a firm believer in the advantages of ADR in disputes of this nature.
