ProfileAraba has been a specialist Chancery practitioner since 1987, first in Lincoln’s Inn and currently at Fenners Chambers in Cambridge since 2009. Her main areas of practice are Property Law, Trusts, Probate and Inheritance. This covers co-ownership/Tolata disputes, family businesses, family property, including claims for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975, trusts including constructive trusts, Land Registration and setting aside transactions on capacity or undue influence grounds.
The focus of her Probate practice is contentious probate, mental capacity/Court of Protection, duties of trustees, attorneys and deputies and personal representatives; and succession to family businesses.
Araba is an established and active CPD trainer, delivering accredited short courses and webinars for solicitors in private practice and local government via local Law Societies, STEP branches, MBL Seminars, CLT and other institutional providers. In particular, she has lectured for CLT on Easements and Restrictive Covenants, Homeshare on Relationship Breakdown, Constructive Trusts, Trusts Litigation and Mental Capacity, Attorneys, Deputies and Trustees. Between 2003 and 2009, she devised and delivered numerous solicitors’ seminars for Shelter Training and has also lectured for the Social Housing Law Association.
Re Butcher (Deceased), Sharp v Hutchins  EWHC 1240 (Ch) (knowledge and approval - correct test is the single stage test in Gill v Woodall – two-stage test properly to be used as a cross-check).
Re Walker (Deceased), Walker v Badmin  EWHC 71 (Ch) – the test for testamentary capacity is the common law test and not the test under the MCA 2005 – will successfully upheld
Re Dharamshi (Deceased)  EWHC 3917 (Ch) – testamentary capacity – bereavement reaction – will successfully upheld
Re Tociapski (Deceased)  EWHC 1770 (Ch);  WTLR 1821 - lifetime transfer of land set aside for presumed undue influence; will invalid for want of knowledge and approval
Pinnock v Rochester  EWHC 4049 (Ch); (2011) 155(44) SJLB 3 – successful appeal against striking out of probate claim – interaction of probate claim and compromise of earlier claim under the Inheritance (Provision for Family and Dependants) Act 1975
Re Allen (Deceased), Smith v Springford  WTLR 705 - caveators' application to discontinue claim for revocation of existing grant - will forgery - costs
Garland v Morris and another -  2 FLR 528;  EWHC 2 (Ch);  All ER (D) 11 (Jan) - Inheritance Act application by adult child
Stephens v Michelin Pensions Trust Ltd  EWHC 1640 (Ch),  All ER (D) 16 (Apr) - Trustees' duties
Greer v Alstons Engineering Sales & Services Ltd  UKPC 46 - breach of contract/damages
Spring v O'Flynn (1999) EGCS 79 - notices to complete
Re Raval, Jones v Raval  BPIR 389;  2 FLR 718 - bankruptcy/matrimonial home
Halifax Mortgage Services Limited v Muirhead  EWCA Civ 2901; (1998) 76 P. & C.R. 418;  N.P.C. 171; (1997) LTL 4/12/97 - mortgages/undue influence
R v Kensington & Chelsea Royal London Borough, ex parte Moncada (1996) 29 HLR 289 - intentional homelessness
What clients say about her:
"Able to identify and focus on the key issues in a case very quickly": Legal 500 2015
“Her response times are top notch”: The Legal 500 2014
"Araba Taylor is recommended for complex probate and trust matters": Legal 500 2013
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