Amy Berry TEP

Contact

Expertise

Inheritance, Wills and Probate

Amy regularly advises on and acts in claims pursuant to CPR 57 and 64 including matters under the Inheritance (Provision for Family and Dependents) Act 1975 often as part of more complicated estates including partnerships and cross-borders.  She has developed a practice which encompasses the law on testamentary capacity, undue influence, want of knowledge and approval, due execution, lost wills, construction of wills, insolvent estates, rectification and construction, removal of PRs and trustees, the administration of estates, accounts and inquiries, IHT/CGT tax advice and breach of trust claims. Her work also extends to professional negligence which encompasses these areas of law. She is instructed on behalf of minor beneficiaries, professional PRs, potentially negligent solicitors (via insurers) and disappointed beneficiaries. Amy is often in the High Court dealing with contentious non-contentious work involving caveats, warnings and appearances, revocation of grant applications, applications for estate accounts and pre-issue disclosure.

Court of Protection

Amy appears in the Court of Protection often in the context of wider estate and/or trust litigation. The issue of capacity within the Court of Protection proceedings complements her probate practice. Her head for figures and transferable skills from property and probate make her an ideal advocate of technical issues including contested statutory wills.

Property

The majority of her work in this area covers all real property from planning and construction to estate contracts and conveyance, restrictive covenants and easements to boundary disputes, mortgages and charges.  Other aspects of her broad proprietary practice include claims under the Trust of Land and Appointment of Trustees Act 1996, constructive and resulting trusts, proprietary estoppel, undue influence, statutory interpretation, construction of trusts, rectification, commercial and residential landlord and tenant, dilapidations, housing and professional negligence.

Building and Construction

Amy grew up with her father and grandfather working in the construction industry. She is adept and at home at dealing with planners, architects, surveyors, engineers and their technical reports and drawings. Her work covers all areas from planning and construction to professional negligence. Her property work assists with issues over real property and her business and commercial work provides the link to dealing with contractual and tortious disputes including sale of goods and supply of services and insolvency.

Business and Commercial

Commercial and insolvency cases embrace both personal and corporate insolvency, commercial contracts including sale of goods and supply of services, shareholder and partnership disputes, costs and enforcement proceedings. Often these disputes fall within engineering and construction disputes or part of larger property and probate proceedings.

Professional Negligence

Amy’s work in professional negligence is in the spheres of probate and property work. She advises insurers, solicitors, disappointed beneficiaries, executors and clients on all aspects of professional negligence in her fields of specialism.

Overview

Year of call: 2003
Areas of specialism:
  • Alternative Dispute Resolution
  • Building and Construction
  • Business and Commercial
  • Court of Protection
  • Inheritance, Wills and Probate
  • Professional Negligence
  • Property
Qualifications:
  • LLB (Hons) 2002 London
  • BVC 2003 London
  • Lincoln’s Inn Cassel pupillage scholarship 2003
Professional associations:
  • Property Bar Association
  • Chancery Bar Association
  • Association of Contentious Trust and Probate Specialists
  • Society of Trust Estate Practitioners
Professional activities:
  • Amy regularly participates in giving seminars and is available to give in-house seminars and lectures upon request.
  • Undue influence in wills – Pump Court Chambers seminar October 2010
  • Costs in probate – Pump Court Chambers Seminar 2009 and published on Lawskills website
  • Restrictive covenants: do they become absolute or discharged when the approval giver is no longer available? – Pump Court Chambers Seminar 2009
Outside Interests:
  • Amy enjoys spending time with her young family, sport, gardening and generally being outside in the sun.
Notable Cases:
  • Commissioners of Customs and Excise & HM Attorney General v Federation of Technological Industries [2006] Case C-384/04
  • European Court of Justice (Third Chamber) LTLEU 11/5/2006: LTLAG 7/12/2005: 2004/C273/31 (Reference for preliminary ruling) p.18: Times, May 11, 2006.
  • Med Trading Ltd v Revenue and Customs Commissioners (VADT19355) (2005) VAT & Duties Tribunal (London) 29/11/05: LTL 30/1/2006.
  • R (on the application of Teleos Plc and others) v Customs and Excise Commissioners [2005] EWCA Civ 200 (Ward LJ, Dyson LJ, Bennett J) 2/3/2005: LTL 2/3/2005: (2005) 1 WLR 3007: (2005) STC 1471: Times, March 9, 2005: Independent, March 17, 2005.
  • Federation of Technological Industries and 53 Others v Commissioners of Customs and Excise & Attorney General [2004] EWCA Civ 1020: LTL 30/7/2004: (2004) STC 1424.
Publications:
  • Back to basics how to instruct counsel in probate actions – published in Private Client Yearbook 2012
  • Right to light – Pump Court Chambers seminar March 2012
  • Costs, part 36 offers and civil procedure rules in Inheritance Act Claims – Oxford Resolution seminar March 2012
  • Re Hastings Bass – Pump Court Chambers seminar October 2011 and Adenac seminar March 2012
  • Mutual wills – Published on Lawskills website