Eliza Eagling - 5 Stone Buildings
Junior counsel

Eliza Eagling

Call to Bar:2015

An instructing solicitor

It was a pleasure having Eliza on board – committed, enthusiastic, quickly identifying the relevant issues, and with an appetite for rolling her sleeves up and getting 'stuck in'.

Eliza has a chancery practice with a particular emphasis on wills and estates, family provision, trusts, personal taxation and the Court of Protection. She advises on contentious and non-contentious matters and regularly appears in the High Court, County Court and the Court of Protection. Recent litigation includes: Proceedings in the Court of Protection relating to statutory wills (representing P via the Official Solicitor); the removal of deputies and an application by P’s deputies to invest in a property; an urgent application for the cremation of the body of the Claimant’s late father; PR removal proceedings and possession and bankruptcy proceedings.

About Eliza Eagling

Trusts & Inheritance

In line with chambers’ expertise, Eliza has broad experience in the areas of wills, probate, family provision, estate administration and trusts. She is a fluent French speaker, particularly interested in the conflict of laws and enjoys advising on estates involving a foreign element.

Recent experience includes:

  • Fuller v Fuller (2017) – instructed on behalf of the Claimant. Successfully applied to remove the Defendant as personal representative of the Deceased’s estate and replace him with the Claimant
  • Butt v Butt (2017) – instructed on behalf of the Claimant. Successfully applied to appoint an independent administrator under s.116 Senior Courts Act 1981
  • Claims under the Inheritance (Provision for Family and Dependants) 1975 Act, including issues of standing, out-of-time applications, polygamy, and illiquid assets
  • Advice on common-intention constructive trusts, resulting trusts and proprietary estoppel, including particular issues such as the interaction between such claims and 1975 Act claims
  • Challenges to the validity of wills on the basis of knowledge and approval, testamentary capacity, and undue influence
  • Construction and rectification of wills and related professional negligence claims, with issues such as trust powers, revocation, the conflict of laws and domicile
  • The non-contentious probate rules, including caveats, applications under section 116 Senior Courts 1981 and the disposal of dead bodies
  • Non-contentious advice and drafting relating to trust powers, deeds of variation, deeds of appointment, nil-rate band discretionary trusts, IHT and CGT, domicile, and double-taxation treaties
Court of Protection

Eliza accepts instructions across all Court of Protection work, with particular experience in Property and Affairs cases.

Recently Eliza has:

  • Represented P via the Official Solicitor in a statutory will case in circumstances where there were concerns about the validity of P’s will, and parallel criminal investigations in relation to actions by P’s former attorneys. The Court ordered a holding will, an application which the Official Solicitor supported.
  • Advised, drafted and appeared in a successful application by P’s deputies to invest P’s money in a property for them to live in and pay market rent
  • Advised, drafted and appeared in successful contested deputyship application
Education and Qualifications
  • BA, Christ Church, Oxford University (French and Philosophy): First Class
  • GDL, BPP London: Distinction
  • LLM, Gonville and Caius College, Cambridge University: First Class
  • BPTC, BPP London: Outstanding
Scholarships & Prizes
  • Lord Mansfield Scholarship (Lincoln’s Inn)
  • Hardwick Scholar (Lincoln’s Inn)
  • Advocacy Scholar (BPP)
  • Sir William Wade Prize for Civil Liberties and Human Rights (Cambridge University)
  • Sir Emylyn Wade Prize for LLM result (Gonville & Caius College, Cambridge University)
  • Senior Scholar (Gonville & Caius College, Cambridge University)
  • Sir Richard Stapley Scholarship (external scholarship for the LLM)
  • Half Blue for Latin American and Ballroom dancing (Oxford University)
Publications and Lecturing

Eliza speaks at both chambers’ and external seminars regarding her practice areas. This includes seminars presented with Sarah Haren on Ilott v Mitson for STEP, William East on FDRs in the Chancery Division and Mark Baxter on gifting and investment by deputies and attorney in the Court of Protection.

Eliza regularly contributes to legal journals, including the following articles:

  • Re NRA: deprivation of liberty applications” Private Client Business [2016] 2
  • “Court of Protection: appointment of deputies” Elder Law Journal [2016] 1
  • “Backwards Tracing” Elder Law Journal [2016] 1
  • “FDRs in the Chancery Division” Elder Law Journal [2016] 3
  • “In defence of Menelaou v Bank of Cyprus” Private Client Business [2016] 6
  • “Staveley v HMRC”, co-written with Farrers for Trusts and Estates Law & Tax Journal (forthcoming)
Languages

Eliza lived in Paris during the year-abroad component of her degree, running dance and language classes for women in a rehabilitation centre for mental health problems. She is fluent in written and spoken French and is happy to accept instructions which have a French element.