Ashleigh Carr

Senior Associate, Contentious Trusts and Estates

Ashleigh is a Senior Associate in the Dispute Resolution team, specialising exclusively in contentious trusts and estates.

She is highly qualified in this area, with experience spanning the full spectrum of trust and estate disputes.

Ashleigh acts in relation to high value and/or complex intra-familial disputes, instructed by both professionals and private individuals, based nationally and internationally.

Experience

Contentious Trusts:

• Advising in relation to trustee powers and breach of trust claims, including claims in relation to investment powers
• Assisting in the retirement of trustees and the appointment of new trustees
• Applications for the removal and replacement of trustees
• Disputes involving protectors
• The variation of trusts
• Applications for the blessing of a trustee decision re; Public Trustee v Cooper
• Construction, rectification, and mistake in the context of trusts
• Advising trustees in the context of ancillary proceedings on divorce

Contentious Probate:

• Validity challenges to Wills (on the grounds of lack of capacity, undue influence, want of knowledge and approval, lack of due execution; and advice where there are allegations of fraudulent calumny)
• Claims pursuant to the Inheritance (Provision for Family and Dependants) Act 1975
• Issues relating to the construction and rectification of Wills
• Disputes between executors and/or beneficiaries, relating to the administration of estates and including applications for the removal and replacement of personal representatives
• Claims relating to inherited land and property, including proprietary estoppel claims

Other:

Ashleigh is regularly asked by clients and fiduciaries to ‘stress test’ trusts or Wills and assist the non-contentious private client team in winding up trust structures/the division of trust assets where there are potentially contentious issues arising. She assists the family department with pre-nuptial agreements and other issues arising on separation and divorce where there are family trusts.

She also has experience in contested Court of Protection matters (including challenges to lifetime gifts, relating to financial abuse and Lasting Powers of Attorney or deputyships), claims pursuant to the Trusts of Land and Appointment of Trustees Act 1996 and professional negligence claims arising in the context of trust and estates.

Publications/Media/digital projects

Conferences:

• TL4 & ConTrA Private Client Summer School: The Ultimate Insider’s Guide – conference chair (August 2023)
• Fresh Perspectives, Barcelona – ‘Are Anti-Bartlett clauses dead?’ (May 2023)
• ThoughtLeaders4: Contentious Probate and Inheritance Claims - Death in the Modern Age conference, London – ‘Proprietary estoppel of promises to leave property by will’ (March 2023)
• Informa / ConTrA: Trusts in Litigation, Venice – ‘Trustees asserting privilege against beneficiaries and disclosure of documents to beneficiaries in different contexts' (March 2023)

Articles:

• TL4 Private Client magazine, Issue 8 - Developments in Fiduciaries Powers in Relation to Ethical Investments
• TL4 Private Client magazine, Issue 5 – Year in review: Protectors

Committees and memberships

Ashleigh is co-chair of ConTrA (the Contentious Trusts Association), an organisation of over 800 members, the objective of which is to bring together up-and-coming solicitors and counsel specialising in trust disputes.

Ashleigh is also a member of ACTAPS (the Association of Contentious Trust and Probate Specialists), an affiliate member of STEP (having completed the STEP Advanced Certificate in Trust Disputes), the London Irish Lawyers Association and a committee member of the Irish Solicitors Bar Association, London.

Directories and awards

Ashleigh was named as one of the Top 35 Private Client Lawyers Under 35 by eprivateclient in 2017 and 2019. She was shortlisted for Lawyer of the Year (Associate) in the Citywealth Future Leader Awards and named on the Citywealth Future Leaders Top 100 list in 2020. In 2022 she was listed in Citywealth’s Top Recommended 40 Under 40.

Ashleigh was recognised as an ‘Associate to Watch’ within the Chambers and Partners High Net Worth Guide 2022. She is described as “superb and a joy to work with”, “legally expert” [Legal 500, 2022] and "exactly the sort of person you would want on your team" [Chambers HNW 2022].

Pro bono

Ashleigh takes a particular interest in mental health and wellbeing and is a trained Mental Health First Aider at the firm, which provides insight and can assist on occasion in her practice.

She is a mentor via the London Irish Lawyers Association Mentor Scheme and supervises student advisers volunteering at the Queen Mary University Legal Advice Centre.

Awards and recognitions

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