Background

Ashley Tucker

Year of call 1990

“Experienced in cases regarding the construction, effect and validity of wills.”


Legal 500 2017

Ashley Tucker is a civil practitioner with a particular preference for Wills, Probate and Property but still retains an interest in Commercial Law, the Court of Protection and Coronal Law.

From time to time though, just to freshen things up he takes on something a little different, such as a criminal prosecution of a landlord in respect of an HMO.

Expertise

Ashley has a particular interest in the construction, effect and validity of Wills, including mental competence, fraud and undue influence, advising and litigating on the conduct of the administration of estates by personal representatives, including challenging grants of probate, challenging the conduct of the administration by the personal representative, applications under the Inheritance (Provision for Family and Dependants) Act 1975 and Donatio Mortis Causa. He has been called upon to advise on trusts, in particular in relation to the negligent conveyancing of property interests, constructive trusts and proprietary estoppel.

The witnesses to a Will who had both at first agreed that they had witnessed the Will subsequently retracted that agreement. Both were found on the evidence to have witnessed the Will.

Ashley has particular experience relating to commercial premises, advising on a variety of aspects in relation to leases, licences and tenancy matters. He has also undertaken the drafting of commercial leases and notices and litigation.

Ashley undertakes advisory and advocacy in all types of property matters, including boundary disputes, rights of way, adverse possession, trespass, nuisance and claims relating to land and commons registration.

Able to bring an acquired knowledge of commercial practices into consideration when instructed in commercial and company matters, Ashley acts for Claimants and Defendants in litigation in a typical range of commercial claims.

In addition, he has drafted memoranda and articles of association and amendments to memoranda and articles of association for company agents as well as for companies, and has drafted and advised on commercial contracts.

He has also appeared on behalf of erring director’s disqualification proceedings by the DTI.

Ashley’s experience in professional liability is particularly geared towards claims made against Solicitors, Accountants and Surveyors in respect of conveyancing transactions, will drafting, estate planning and insolvency.

He has also advised on claims made in relation to conveyancing and local authority advice relating to enquiries touching and concerning land.

Recent Court appearances before the Court of Protection include Re SM 2021 a challenge to a deprivation of liberty order, Re OB 2023 a determination as to best interests as to residence and Re APZ 2023 a determination as to best interests as to residence.

Ashley has, also, from time to time taken on advocacy at Inquests and, more exceptionally, has taken on criminal matters with a regulatory theme.

Acting on behalf of a care home manager in respect of the death of a care home resident as a result of an assault by another resident.

Acting on behalf of a member of nursing staff in respect of a death by suicide by someone who had previously been taken to hospital by the Police due to concerns for the person’s health.

Prosecuting a landlord for multiple breaches of provisions of the Housing Act 2004 regulation of property in multiple residential occupation.

Acting on behalf of the local authority who had supervisory responsibility for care homes in respect of the death of a resident of a care home following a choking incident.

Acting in an inquest surrounding the death of a serving prisoner following a scuffle with a fellow inmate.

Junior Counsel for the Defendant Council in relation to a prosecution by the Health and Safety Executive in respect of sections 2 and 3 of the Health and Safety at Work etc. Act 1974 arising out of an incident where a schoolboy was drowned whilst caving.

Acting on behalf of the local authority in respect of the death of a resident in a private care home.

Acting on behalf of the supervising Council in an inquest into the death of a schoolboy who drowned on a school trip to a cave.

Acting on behalf of a local authority with responsibility for an organised trip overseas of several schoolchildren in an inquest into the drowning of one of the pupils.

Acting on behalf of the deceased’s son (acting by his mother) in an inquest into a death occasioned by shooting by a West Yorkshire Police Tactical Firearms Unit.

Acting on behalf of a local authority whose teachers were in supervisory control of several pupils on an overseas trip in an inquest into the drowning of one of the pupils.

Additional Information

Ashley is a regular speaker at conferences, seminars and courses arranged by professional conference organisers, professional associations and in-house. Recent examples include:

  • Mental Capacity: Testamentary Capacity, November 2011
  • Appeals to the Employment Appeal Tribunal (with Simon Anderson), July 2011
  • Costs in the Employment Tribunal and Employment Appeal Tribunal (with Simon Anderson), May 2011
  • Boundary Disputes, March 2011
  • Contentious Probate, February 2011

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