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Cross Practice Insights Part 3: Tax Considerations for Trustees and Beneficiaries
Laura Phillips TEP
Laura joined Kingsley Napley in 2012 and became a Legal Director in the Dispute Resolution department in 2023. Laura has particular expertise in Contentious Trust and Estate Disputes and Court of Protection Disputes.
Laura’s experience in the area of disputes in relation to trusts and estates includes challenging wills on the basis of lack of testamentary capacity, want of knowledge and approval, fraud, forgery and undue influence. She also acts in disputes in the Court of Protection. The trusts and estates are often multi-cultural and multi-jurisdiction. Laura also represents both claimants and defendants of Inheritance (Provision for Family and Dependants) Act 1975 claims.
In respect of trust experience, Laura is regularly instructed in respect of claims relating to the removal of executors and trustees, claims for breaches of trusts, misappropriation of funds by trustees and professional negligence claims relating to wills and trusts.
Laura has experience conducting claims in the Court of Protection and, in particular, applications relating to statutory wills, disputes over an appointment of a deputy or attorney, disputes regarding a vulnerable person’s mental capacity and issues as to whether the deputy or attorney is acting in the best interests of a vulnerable person.
Laura’s broader experience includes acting for companies, directors and shareholders in relation to company disputes and breach of contract claims. She has acted on behalf of SMEs and entrepreneurs in respect of professional negligence claims and claims against large financial institutions.
Laura is a member of the Society of Trust and Estate Practitioners (STEP) and the Contentious Trusts Association (ConTrA). She has obtained a merit in her STEP Advanced Certificate in Trust Disputes, STEP Advanced Certificate in Taxation of Trusts and a distinction in her STEP Advanced Certificate in the Administration of Trusts. Laura’s expertise has been recognised in the Legal 500, where she has been ranked as a Rising Star in this area. Laura is listed in the Pro Bono Recognition List 2025.
Areas of expertise
- Trust and Estate Disputes;
- Court of Protection disputes;
- Commercial and contract disputes;
- Litigation with a multi-jurisdictional element;
- Professional Negligence
WHAT CLIENTS AND DIRECTORIES HAVE SAID
Laura Phillips is a highly effective and self-assured litigator who has a great head for both strategy and tactics."
The Legal 500, 2025
Katherine Pymont and Laura Phillips are both hugely bright and efficient; definitely ones to watch."
The Legal 500, 2025
Laura Phillips’ star continues to rise, rightly recognised by her recent promotion to Legal Director. She is a safe pair of hands and a reassuring presence for clients in emotional litigation."
The Legal 500, 2024
Ryan is ably assisted by Laura Phillips who brings her own impressive knowledge and skills set."
The Legal 500, 2024
Laura Phillips’ star continues to rise, rightly recognised by her recent promotion to Legal Director. She is a safe pair of hands and a reassuring presence for clients in emotional litigation."
The Legal 500, 2024
Laura’s extensive experience and in-depth knowledge across a range of jurisdictions and her clear approach put clients at ease. She combines an astute ability to determine the key issues on which a case will turn with a high level of client care. Laura is incisive, effective and supportive, able to explain complex legal matters to the layperson, with a keen eye for the crucial details in a case. Mindful that the commercial aspect is an important consideration, she is adept at how to turn this to her clients’ advantage and did so to win in my case, which was particularly challenging."
A client, 2023
is highly experienced, insightful and knowledgeable, able to explain complex process, with an acute eye for the key considerations in a case."
The Legal 500, 2023
In a complex, hostile litigation, with huge volume of documents to be reviewed within an extremely expedited, contracted timescale, she went out of her way to be helpful and supportive’."
The Legal 500, 2023
Really knows her stuff"
The Legal 500, 2016
Recent CASES
Contentious Trust and Estate:
- Acting on behalf of a foreign deputy in contested Court of Protection proceedings;
- Acting for the defendant in Court of Protection proceedings in respect of an application for a statutory will.
- Advising the beneficiaries of a life interest trust in respect of allegations of a breach of trust by the trustees
- Acting on behalf of a protected party in a 1975 Act claim in his capacity as a surviving spouse.
- Advising a trustee in respect of a removal application and allegations of breach of trust.
- Acting on behalf of an executor in a claim for his removal for breach of fiduciary duties.
- Advising a disinherited adult child in respect of a 1975 act claim. Acting on behalf of a beneficiary under a will who was accused of fraud and forgery.
- Assisting the beneficiaries in a complex contentious probate claim, across multiple jurisdictions where the Wills were being challenged on the grounds of lack of valid execution, capacity and undue influence.
- Obtaining successful settlements in relation to a number of contentious probate disputes with particular allegations of undue influence.
- Applying for interim anti-suit and freezing injunctions in relation to English and Dutch contentious probate proceedings [2014] EWHC 2860 (Ch).
Other:
- Acting for former directors of companies accused of misappropriation and breaches of restrictive covenants.
- Acting for a director of a company in successfully striking out a multi-million pound claim against him for lack of jurisdiction [2015] EWHC 1905 (Ch).
- Judge v Bahd [2014] EWHC 2206: Representing a successful claimant in relation to an unfair prejudice petition where the director-shareholder had been unfairly excluded from management of two companies operating as a quasi-partnership.
- Defending a company director against potential disqualification proceedings.
- Assisting in Lucasfilm v Andrew Ainsworth [2011] 3 WLR 487 – copyright action concerning the reproduction of ‘Stormtrooper’ helmets and armour.
press and articles
- Why millennials waiting for a big inheritance may be disappointed - Quoted in the Sunday Times, March 2024
- Should I open a bank account with my partner? Quoted in the Financial Times, March 2024
- How can I get probate to sell my property? Quoted in the Financial Times, January 2024
- Red flags to look for when spotting financial abuse, FT Adviser, May 2022
- Quoted in STEP, UKSC rules on complex proprietary estoppel claim, October 2022
- Quoted in FarmingUK on Inheritance rights: Supreme Court delivers decision on Guest v Guest, October 2022
- Analysis: Supreme Court rules on disinherited son’s claim to farm, Farmers Weekly, October 2022
- Supreme Court ruling in farming succession case, Farmers Weekly, October 2022
- Inheritance disputes: Farmers reminded of 'alternative dispute resolution', Farming UK, April 2020
- Quoted in Today’s Wills & Probate, Covid-19 Forces Farmers To Consider Their Mortality And Protect Family, September 2020
Professional societies and memberships
- London Solicitors Litigation Association
- The Society of Trust and Estate Practitioners (STEP)
- Contentious Trusts Association (ConTrA)
- Listed as a Citywealth Leader in Contentious Trusts
