Sarah Haren - 5 Stone Buildings
Junior counsel

Sarah Haren

Call to Bar:1999

Chambers UK 2017 Chancery Traditional

She is phenomenally clever. She really cuts through things, but is very practical and sensible in trying to resolve matters for her clients.

Sarah Haren practises in a wide-range of Chancery work, both contentious and non-contentious. Her principal areas of practice are probate and the administration of estates, including family provision, trusts, taxation and related professional negligence and real property, in particular proprietary estoppel and beneficial ownership disputes.

Sarah co-authored the fifth edition of Partnership Law (Bloomsbury) with Mark Blackett-Ord.

She regularly appears in the Court of Protection as well as in the High Court and county courts.

5 Stone Buildings - brick wall
Chambers UK 2017 Court of Protection Property & Affairs

She's very nice and has a good, commanding presence."

Legal 500 2016: Private Client: Trusts and Probate

Good on forgery claims."

Legal 500 2015: Private Client: Trusts and Probate

Incredibly bright and really has a handle on the more difficult issues."

About Sarah Haren

Professional Reputation

“She is phenomenally clever. She really cuts through things, but is very practical and sensible in trying to resolve matters for her clients.”

Chambers UK 2017 Chancery Traditional

“She’s very nice and has a good, commanding presence.”

Chambers UK 2017 Court of Protection Property & Affairs

“Good on forgery claims”

Legal 500 2016: Private Client: Trusts and Probate

“She is really impressive, technically very good, quick and thorough. She is enormously impressive on her feet. She is very calm and measured.”

Chambers HNW: 2016

“Incredibly bright and really has a handle on the more difficult issues.”

Legal 500 2015: Private Client: Trusts and Probate

“Brings substantial experience of trust taxation, wills and the 1975 Act to her well-regarded practice…provides clear concise advice… bright and very good on the details.”

Chambers UK 2015: Traditional Chancery

“Stand-out junior…quick and clear… gets to the heart of matter…excellent on her feet.”

Chambers UK 2015: Court of Protection Property and Affairs

“Superb understanding of the technical and academic aspects of the law.”

Legal 500 2014: Private Client: Trusts and Probate

“Calm, unruffled and quick; her documentation and advices are exemplars of clarity and consideration.”

Chambers UK: Traditional Chancery 2014

“Impresses with her pragmatism.”

Chambers UK: Court of Protection 2014

“Thorough.”

Legal 500 2013: Private Client: Trusts and Probate

Contentious Estates and Trusts

Sarah is an expert in challenges to wills and claims under the Inheritance (Family and Dependants) Act 1975. She regularly acts and advises in relation to disputes about trusts and estates, including claims of breach of duty and claims to remove trustees and personal representatives. She advises on the construction of difficult trusts and wills and on their rectification, and has frequently appeared in proceedings where construction and rectification are in issue.

Her notable cases in this area include:

  • Graham-York v (1) York and another [2015] EWCA Civ 72 – successfully appearing for the respondent in the Court of Appeal.  The appeal concerned the principles applicable to the quantification of beneficial interests under a constructive trust of the family home and the circumstances in which the burden of a mortgage may be thrown on the share of one co-owner by virtue of an equity of exoneration
  • Simon v Byford [2014] EWCA Civ 280 [2014] WTLR 1097 – probate claim involving issues of testamentary capacity and want of knowledge and approval. Sarah represented the claimant at the three-day trial ([2013] EWHC 1490 (Ch)) and (with Penelope Reed QC) in the Court of Appeal
  • Pullan v Wilson [2014] EWHC 126 (Ch) [2014] WTLR 669 – three-day High Court action defending a challenge to trustee remuneration
  • Wood v Gorbunova [2013] EWHC 1935 (Ch) (with Henry Legge QC) – concerning receivers’ right of indemnity from an estate
  • JSC Aeroflot v Berezovsky [2013] EWHC 1210 (Ch) (with Henry Legge QC) – concerning the appointment of receivers to protect and collect in the deceased’s estate
  • Bennett v Petit [2013] EWHC 988 (Ch) – three-day probate action, establishing that a testator knew and approved his will despite being illiterate
  • Gorbunova v Berezovsky [2013] EWHC 76 (Ch) (with Robert Anderson QC) – acting for the former partner of the deceased oligarch, resisting an application to discharge proprietary injunctions
  • TWM Trust Corporation Ltd v Attorney-General and others [2010] All ER D 139 – construction of gift in will to unincorporated association
  • Re Horley Town Football Club [2006] EWHC 2356 – construction of a gift to an unincorporated association
Court of Protection

Sarah has a well-established reputation in relation to Court of Protection work and is recommended by the directories in this field. She accepts instructions on all aspects of property and affairs applications to the Court of Protection, including applications for statutory wills and gifts, and applications for the appointment or removal of deputies and attorneys. Her expertise in partnership and in capital taxation matters is often a particular asset in this field of her practice.

Real Property

Sarah is happy to accept instructions in relation to all sorts of real property disputes and has a particular interest in claims arising out of proprietary estoppel and disputes about the co-owned family home. She appeared in an important Court of Appeal decision about the quantification of beneficial interests under a constructive trust of the family home.

  • Graham-York v (1) York and another [2015] EWCA Civ 72 – successfully appearing for the respondent in the Court of Appeal.  The appeal concerned the principles applicable to the quantification of beneficial interests under a constructive trust of the family home and the circumstances in which the burden of a mortgage may be thrown on the share of one co-owner by virtue of an equity of exoneration
Professional Negligence

Professional negligence disputes which arise out of the drafting of wills and trusts and in relation to administration of estates and tax-planning form a significant part of Sarah’s practice.

  • Smales v Lea [2011] EWCA Civ 1325 [2012] PNLR 8 – acting for the successful respondent at first instance and in the Court of Appeal in establishing a limitation defence to a claim for professional fees
Partnership

Sarah has a special interest in partnership matters and is a co-author with Mark Blackett-Ord of the 5th edition of Partnership Law, published by Bloomsbury Publishing in 2015.

Tax

Sarah regularly advises in relation to inheritance tax and capital gains tax, both in relation to future planning and in relation to the consequences of past transactions.

Education and Qualifications

Sarah attended Oxford University, where she obtained a first class degree in Jurisprudence and a distinction in the BCL.

Professional Memberships

Sarah is a member of ACTAPS and the Chancery Bar Association.

Publications and Lecturing

Sarah co-authored the fifth edition of Partnership Law (Bloomsbury) with Mark Blackett-Ord, published in 2015 and is working on a forthcoming volume of Atkins’ Court Forms on Partnerships and Insolvency. She also contributed to volume 33 of the Encyclopaedia of Forms and Precedents on Rentcharges.

Sarah gives talks and writes on areas of her practice. Sarah has written an article on Privacy Issues for Trustees in the Family Division for PCB Issue 1, 2016. You can read the article here.