Angus Burden

Call: 1994

Introduction

After completing his pupillages at 7 Stone Buildings (now Maitland Chambers) and 24 Old Buildings Lincoln’s Inn in 1994, Angus specialised in Chancery and Commercial work, practising mainly in the areas of insolvency, property and contentious probate work.

In the last 4 years he has focused almost exclusively on trusts and estate work both contentious and non-contentious.

His contentious work includes acting in cases concerning the validity of wills, claims under the Inheritance (Provision for Family and Dependants) Act 1975, issues as to the construction of wills and trusts, actions for the removal of personal representatives, and general matters that arise in the course of the administration of trusts and estates. Because of his insolvency knowledge, he has an interest in disputes arising in the context of insolvent estates.

He also advises and acts in disputes as to the beneficial ownership of land, usually where one co-owner has died.

His non-contentious work includes advising in relation to the drafting of wills including deeds of variation, and trusts. In addition he advises on general tax planning in respect of estates and family trusts. He has a particular interest in issues arising in respect of Agricultural Property Relief and Business Property Relief. He also has experience of advising in relation to lifetime trusts for the disabled.

Angus’ detailed knowledge and understanding of the non-contentious aspects of trusts and estate work means he is well placed to advise clients in respect of breach of duty by professional advisers.

He also undertakes cases in the Court of Protection, in particular applications for the appointment of a deputy, and applications for a statutory will.

Angus is regularly invited to give talks to in-house private client teams and last year gave a talk to the members of the Society of Trusts and Estate Practitioners in Leicester. He has lectured recently on Inheritance Act claims by adult children, the burden of costs in probate proceedings, and applications for rectification of wills.

In carrying out his work in this area Angus recognises the importance of understanding the complex family situations and emotions often underlying disputes of this type and the need to resolve matters without recourse to the courts if at all possible. He is respected for his sympathetic approach to clients and his courtesy to fellow professionals.

Angus is married with three young children. He relaxes by playing ropey tennis, fantasising that he is Rafa Nadal (only better), and watching pretentious art house films.

What the directories say:

One of the leading traditional chancery practitioners in Birmingham, Burden is principally noted for his expertise in probate disputes, and he is also praised for his advice in relation to drafting trusts and estate planning. Expertise: “His knowledge in this area is second to none in Birmingham.” “He is straightforward and pragmatic in his approach, and can communicate well with clients.” CHAMBERS UK 2015

Angus has been ranked as a leader at the Bar Chambers and Partners for the last 7 years. He has been described as having “a stupendous knowledge of the law” and being “a great cross examiner”.

It is said that he has a quiet manner but he is “meticulous” in his preparation and “when he talks, people listen.”

Others have said he is “a person who you underestimate at your peril”.

Before he specialised in wills and trusts work, he was described as a “person who shines in commercial property disputes”.

Recent Cases:

Advised in several Inheritance Act claims in respect of estates worth between £2m and £5m.

Dealt with another Inheritance Act claim brought by an adult child who had been part of the migration scheme to Australia in the 1940’s.

Represented executors in a hearing to determine whether a gift in a will was charitable and if so the scope of thetrustees’ powers to distribute the funds worth about £800,000.

Advised on a proprietary estoppel claim with CGT implications arising out of the grant of planning permission.

He is currently involved in a case concerned with the proper operation of section 33 of the Wills Act 1837.

Reported Cases:

Perrins v Holland [2011] Ch. 270 CA – successfully represented the defendant beneficiary on appeal in relation to dispute about testamentary capacity, knowledge and approval and the rule in Parker v Felgate. Led by John Randall QC. Also successfully represented the Defendants before the Court of Appeal in respect of the arguments as to costs.

Perrins v Holland [2010] WTLR 95- 4 day trial before Lewison J representing successful Defendants in a contested probate claim.

Hope v Knight [2011] WTLR 583- 4 day trial before HHJ Purle QC representing successful defendant in relation to a claim by a former spouse and child of the deceased for reasonable provision from the estate pursuant to the Inheritance (Provision for Family and Dependants) Act 1975.

Hill v Haines [2008] Ch. 412 CA- Having successfully represented a wife in proceedings to set aside a matrimonial property adjustment order as a transaction at an undervalue, brought by the former spouse’s trustee in bankruptcy, successfully resisted the appeal to the Court of Appeal. Led by Avtar Khangure QC in the Court of Appeal.

Qualifications and Appointments:

Exeter University BA Hons 1st Class (1992)

Bristol University: Post graduate diplomas in Restitution, Company law and Insolvency Law (2002-2005)

Memberships:

Midlands Chancery and Commercial Bar Association


My Expertise