Lydia Pemberton (TEP)(CTAPS) has a traditional chancery practice and has an extensive understanding and considerable experience of contentious probate and estate matters, particularly those involving allegations of fraud, forgery and financial misconduct. Her practice includes acting for clients in respect of will validity challenges, interpretation/construction claims, the removal of personal representatives and trustees, Beddoes applications and other Part 64 proceedings, Inheritance Act claims, TOLATA claims and other equitable claims including those based on proprietary estoppel. She regularly appears in the High Court in trials and interim applications and also undertakes mediations.
By way of examples of Lydia’s current work, she is presently:
- defending a forfeiture claim where it is alleged that her client has forfeited her inheritance on the grounds of gross negligence manslaughter;
- defending an action brought by a minor grandchild against his grandfather for declaratory relief that substantial insurance proceeds received by the grandfather are held on constructive trust for the grandchild’s It is also claimed that lifetime transfers to her client are voidable on the basis of presumed undue influence;
- advising pre-litigation in respect of a number of proprietary estoppel claims arising in the context of farming families, including one involving a secret trust (dehors the will theory); and
- engaged in a number of cases wherein her clients allege that a will or codicil has been forged, the same having been “discovered” some considerable time after a deceased’s death.
Recently, Lydia has:
- successfully defended a claim that her client, being the surviving spouse, is estopped from receiving the deceased husband’s intestate estate (worth up to £13m) because of the consent order reached (and partially performed by the deceased) in financial remedy proceedings;
- secured the removal of the personal representative and consequential orders to account based on the PR’s breach of fiduciary duties of loyalty including retaining estate assets for his own benefit;
- obtained a settlement that the joint tenancy of the property was severed during the deceased’s lifetime, such that her share passes into her estate and to Lydia’s client; and
- obtained financial provision under the 1975 Act for her client who was one of a number of the deceased’s girlfriends, where eligibility was in issue.
Lydia is a full member of STEP and the Association of Contentious Trust and Probate Specialists (ACTAPS).
In January 2022, she was appointed as a Recorder on the Midland Circuit and is a committee member of the UK Association of Women Judges. She also sits on the Birmingham Law Society’s Dispute Resolution Committee.
Lydia is an advocacy tutor for Lincoln’s Inn and co-founder of ‘All Rise’ – a project designed to tackle bullying, harassment and discrimination at the Bar (All Rise (The Bar) – Open Collective).
Trusts, Probate & Estates
Lydia Pemberton (TEP) has a traditional chancery practice and has developed an extensive understanding and considerable experience of contentious probate matters. She acts for clients in respect of a range of estates, from those of a modest value through to those involving substantial sums and including estates with an international aspect. Her practice covers all areas regarding the validity of wills and testamentary dispositions, both as regards the necessary formalities and in respect of the substantive validity, and she also advises on the interpretation and construction of wills and other instruments.
Lydia has undertaken a large number of Inheritance Act cases and has a firm understanding and extensive experience of TOLATA claims. Lydia regularly appears in trials and ADR in respect of claims for declaratory relief and consequential orders.
She has also acted on behalf of interpleaders in matrimonial proceedings.
Lydia is qualified to accept instructions directly from members of the public and professional clients.
Lydia Pemberton is a well-regarded junior who focuses her practice on traditional chancery matters, including Inheritance Act claims and will challenges. She also has experience handling TOLATA disputes and Section 50 removal claims.
Strengths: “She’s always spot on, she’s really clever and driven and she will always go the extra mile for her client’s case.
Chambers UK 2024/Chancery/Midlands Bar
She has a clear grasp of the issues involved and deals with matters efficiently with regard to the commercial realities of a dispute.” “She is outstanding and exceptional in what she does.”
Chambers UK 2022/Chancery/Midlands Bar
Strengths: “She is collaborative, communicative and so efficient as well as being legally accomplished.” “She is keen to pick up the phone and email to make sure we are joined up in our thinking to present the best case.”
Recent work: Acted for the defendant in a claim for revocation of letters of administration of an estate worth £1.6 million based on allegations of fraudulent content included within the oath.
Chambers UK 2021/Chancery/Midlands Bar
‘Lydia is very clever and driven and exceptionally hardworking. She leaves no stone unturned in her research and is always going the extra mile to try to find an additional, or improved argument for her clients.’
Legal 500 2022/Chancery, Probate and Tax/Leading Juniors/Midlands Circuit
‘Her advice is sound and well-reasoned, and her drafting is succinct and persuasive.’
“Lydia Pemberton, who is described by clients as someone who will ‘fight hard for her clients and cut to the heart of an issue to get things done’, is highly active in Inheritance Act claims, disputes about the validity of wills, removal of executors, andTLATA matters.”
Legal 500 2021/Chancery, probate and tax/Leading juniors/Regional Bar/Midlands Circuit
LLB Durham (Hons), 2002-2005
Bar Vocational Course, Nottingham Law School, 2005-2006
TSol Junior Counsel (Regional Panel), 2012-2018
Recorder (Midland Circuit) (2022)
Chancery Bar Association
Midland Chancery and Commercial Bar Association
Full member of STEP
Member of ACTAPS
Co-founder of ‘All Rise (The Bar)’
Please see Lydia’s Privacy Notice here.
VAT Number: 946062126