Ashley Tucker is a civil practitioner in the chancery field, with a particular expertise in Wills, Probate and Property, but still retains his interest in commercial and employment law. From time to time though just to freshen things up he takes on something a little different, such as taking on a criminal defence in response to an HSE prosecution.
Wills, Trusts & Probate
Ashley has a particular interest in the construction, effect and validity of Wills, including mental competence, fraud and undue influence, regularly 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 Donatio Mortis Causa and the recovery of the costs of care by local authorities. He is also regularly called upon to advise on trusts, in particular in relation to negligent conveyancing of property interests, proprietary estoppel and constructive trusts.
Notable Cases
- Major v White
Advising on whether a solicitor has a duty to warn a testator that the disposition they propose to make may result in one or more disappointed relations challenging the will or otherwise litigating against the estate, and whether the solicitor owed a separate duty to the beneficiaries to avoid this eventuality; completing a trial where the witnesses to the will who had originally agreed they witnessed the will subsequently retracted that agreement.
Landlord & Tenant
Ashley has particular experience relating to commercial premises, advising on a variety of aspects in relation to leases, licenses and tenancy matters. He also undertakes occasional drafting of commercial leases and notices, and litigation, largely on behalf of tenants.
Chancery
Ashley has a broad range of experience of, and undertakes advisory work and advocacy in, all types of property matters including, boundary disputes, rights of way, adverse possession claims, trespass and nuisance claims relating to land and commons registration.
Commercial
Able to bring an acquired knowledge of commercial practices into consideration when instructed in commercial and company matters, Ashley has a broad commercial practice and regularly acts for Claimants and Defendants in litigation in typical 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 companies, and drafted and advised on commercial contracts, recently including a contract regarding the supply of kit and other sportswear to a Professional Rugby Team.
He has also appeared on behalf of erring directors in director’s disqualification actions by the DTI.
He has recently advised:
- In relation to knowing assistance and knowing receipt by a company in relation to an employee’s breach of the implied term of trust and confidence in diverting a business opportunity from his employer.
- In relation to whether there is an implied term by custom & usage in relation to the measurement of stonework in a building contract.
- On whether the purchase of shares by a husband in his wife’s name was a gift to her or whether she held them on trust for him – the effect of the purchase being in breach of a term that purchases cannot be made in other people’s names.
Professional Liability
Ashley’s experience in professional negligence 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.
Relevant Experience
- Advising in relation to the meaning and effect of and acting in a mediation arising out of home made codicil’s to professionally drafted Wills and the subsequent revocation by one Testator and the execution of a new Will with altered dispositions.
- Advising in relation to the recovery of money acquired in breach of fiduciary duty under a power of attorney from the estate of the attorney.
Employment
Frequently appearing in the Employment and Employment Appeal Tribunal, on behalf of both applicants and respondents, Ashley has a wide range of experience in employment litigation covering unfair and wrongful dismissal, race, sex and disability discrimination, harassment, victimisation, TUPE, and stigma damages. He also advises, drafts and litigates in relation to employment contracts, particularly restrictive covenants and confidentiality clauses. Ashley has recently advised on whether it was possible to vary a homeworker’s contract to require her to work from an office 30+ miles from home.
Directory Recommendations
"Experienced in cases regarding the construction, effect and validity of wills."
Legal 500 2017
Practice Areas
Publications & Speaking
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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