Mirranda Allardice - 5 Stone Buildings
Junior counsel / Mediators

Miranda Allardice

Call to Bar:1982

Chambers 2014

A no-nonsense, let’s-get-results barrister.

Miranda undertakes a wide variety of contentious Chancery matters, together with complex matrimonial finance cases. She is experienced in both the Chancery and Family Divisions of the High Court. She has a thriving mediation practice.

5 Stone Buildings - brick wall
Chambers 2013

She clearly possesses an enviable intellect but she also has great client-handling skills."

Chambers 2016

The go-to mediator for family cases concerning contentious probate estates."

About Miranda Allardice

Trusts & Inheritance

“Earns respect for her ability to handle Inheritance Act claims”

Chambers 2016

Miranda has an in-depth knowledge and experience of Inheritance Act 1975 claims. Her knowledge is materially enhanced by her family finance experience.

Examples of Inheritance Act work in 2016 are set out below. Where matters have been resolved prior to a full trial the matters remain confidential.

  • Acted for widow in respect of £7m estate, with company law issues
  • Acted for defendants with issue of deceased being domiciled in Japan
  • Acted for children of family with £20m estate defending claim

Notable reported Inheritance cases

  • Musa v Holliday [2012] EWCA 1268 Inheritance Act claim by cohabitee
  • Holliday v Musa [2010] WTLR 839 domicile issue re Inheritance Act claim
  • H v Mitson [2010] WTLR 193 Inheritance Act claim by estranged adult child
  • Re Myers [2005] WTLR 851 Inheritance Act claim by an adult daughter

Miranda regularly undertakes contested probate disputes. In 2016 these included:

  • Challenge in respect of will relating to complex family business
  • Undue influence claim against beneficiary neighbours
  • Capacity issues where beneficiary received lifetime gifts and prepared will

In relation to trust work Miranda is often involved where trusts and matrimonial law overlap. In 2015/16 these included:

  • Community of property and breach of trust issues in a £100m estate on behalf of spouse
  • Assisted landed family resolve financial remedy proceedings with aid of trust assets
  • Advising trustees on their position in financial remedy proceedings
Court of Protection

Miranda is often brought in to act in Court of Protection cases where there is an overlap between the COP aspect and matrimonial issues. In 2016 these included:

  • Combined residence of disabled adult child and matrimonial proceedings
  • Matrimonial finance case relating to disabled spouse’s damages and needs
  • Advising re P’s position with regard to development of land and complex tenancy issues
Real Property

Miranda is regularly involved in proprietary estoppel cases, particularly within the farming community. Recently these have included:

  • Proprietary estoppel & the mortgage of a reversionary interest
  • Defending a proprietary estoppel claim on behalf of a terminally ill farmer
  • Estoppel claim by a farming son with will construction issues

She deals with constructive trust claims between cohabitees, or in respect of contested estates.

Mediation

As a mediator she is very firm, practical and realistic, and clients like her.”

Chambers 2017 Chancery Traditional

Miranda qualified with ADR in 2005, and has built up a successful Mediation Practice. She is commended in Chambers and Legal 500 for the quality of her civil mediation practice. Since joining Chambers in 2012, Miranda has conducted over 75 mediations. These range in subject matter from breach of trust claims to probate, constructive trust/estoppel and Inheritance Act disputes. Examples of the disputes mediated in 2016 are set out below.

  • Inheritance Act claim by second wife in multi-million pound estate
  • Undue influence claim to set aside lifetime gifts received by ninety-year old spouse
  • Will construction and Inheritance Act claim multi-party dispute
  • Probate action undue influence/capacity
  • Breach of trust allegations against professional trustees in high-profile dispute
  • Cohabitee constructive trust claim

Miranda is an energetic mediator, who works hard to gain the parties’ confidence and ensure a consensual outcome.

Please click to download Miranda’s Mediation CV as a PDF document.

Qualifications

1981 Oxford BA Hons Jurisprudence

1995 Kings MA Environmental Law

Professional Memberships

Chancery Bar Association, ACTAPS, Civil Mediation Council

Publications and Lecturing

Miranda is a key contributor to Jordans’ Inheritance Act Claims; Law Practice and Procedure. She regularly lectures for Law Society, STEP and ACTAPS, and writes for Elder Law Journal & Private Client Business.

She was an Advisory Group Member of the Law Commission for the Intestacy and Family Provision on Death Report.