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William Henderson

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William Henderson

Areas of Expertise

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Year of Call: 1978 whenderson@serlecourt.co.uk

Overview

Will Henderson acts for private clients, trustees, trust companies, H.M. Attorney General and HMRC, principally in relation to disputes concerning domestic and international trusts, probate, the administration of estates, charities, and associated professional negligence.  He is Junior Counsel to the Treasury in Charity Matters.  In that capacity he advises and represents H.M. Attorney General as to and in contentious and non-contentious matters involving charity and charities.  He also has a non-contentious private client practice in relation to trusts and charities.  He sits for about 3 weeks a year as a Deputy Chancery Master.

Areas of Expertise and Cases


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Trusts and Probate

Pitt v. Holt [2013] UKSC 26.  Will represented Mrs Pitt in the High Court, Court of Appeal and the Supreme Court.  Some say this is the most important trust case of the 21st century.  The Supreme Court set aside a settlement created by Mrs Pitt as her husband’s Court of Protection by reason of her having been seriously mistaken as to the Inheritance Tax effects or consequences of the transaction.  The Supreme Court also reviewed the so-called rule in re Hastings-Bass and held that it did not apply in a case such as Mrs Pitt’s, where the fiduciary had acted on the basis of apparently competent advice which was in fact incorrect.

Gudavadze v. Kay [2012] EWHC 1683 (Ch) (Sales J).  Summary judgment obtained on the basis that alleged testamentary documents were forgeries.  A combination of consequential orders were made which avoided there being a possible gap in the active representation of the estate in England and Wales.

Berezovsky v. Hine and Ors [2009 – 2012].  Will acted for the widow, daughters and mother of the late Badri Patarkatsishvili in the litigation brought against them by the late Boris Berezovsky.

In the Matter of H [2011] JRC 070 (Royal Court Jersey).  Application by Representor to participate in proceedings concerning a Charitable Foundation.  Assisting Representor’s Jersey Advocate.

Cawdron v. Merchant Taylors’ School [2009] EWHC 1722 ( Ch) (Blackburne J).  Issue as to the nature of trusts created during the First World War and compromise of claim to land; enabling the land to be sold for development and replacement sports facilities to be provided for the benefit of the School and its Old Boys.

Re Kostic, Kostic v Chaplin [2007] EWHC 2909 (Ch) 2007 WL 4266180 (Henderson J).  Detailed analysis as to the principles applicable to the award of cost in contentious probate proceedings.

Re Kostic, Kostic v Chaplin [2007] EWHC 2298 (Ch), (2007-08) 10 I.T.E.L.R. 364, 2007 WL 2944829 (Henderson J).  Testamentary capacity.  Will leaving whole estate (c.£8 million) to Conservative Party Association held invalid by reason of testator's insane delusions.

Re Rogers, Deceased [2006] EWHC 753 (Ch), [2006] 1 WLR 1577 (Lightman J).  Test Case as to whether a standard form clause in a will appointing as executors the partners in a firm of solicitors, or its successor firm operated when, by the time of the testatrix's death the firm had merged with another firm and become a limited liability partnership ("LLP").

Various confidential applications as to executors’ and trustees’ obligations in respect of possible 3rd party claims and as to fiduciaries’ rights of indemnity and retainer.
 


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Charities

Helena Partnerships Ltd v. HMRC [2012] EWCA Civ 569.  The Court of Appeal, upholding the decisions of the Upper and First Tier Tribunals, held that the provision of housing accommodation, otherwise than for those in some relevant charitable need, was not a charitable purpose within the spirit and intendment of the preamble to the Charitable Uses Act 1601, either directly or by analogy with any other recognised purpose. It followed that the objects of a housing association were not exclusively charitable and it was accordingly liable for corporation tax on the rents that it received.  Will acted for HMRC at all levels.

Berezovsky v. Hine and Ors [2009 – 2012].  Will acted for the widow, daughters and mother of the late Badri Patarkatsishvili in the litigation brought against them by the late Boris Berezovsky.

Attorney General v Charity Commission for England and Wales [2012] W.T.L.R. 977 (Upper Tribunal) Attorney General’s reference in respect of trusts for relief of poverty amongst family members or employees).

In the Matter of H [2011] JRC 070 (Royal Court Jersey).  Application by Representor to participate in proceedings concerning a Charitable Foundation.  Assisting Representor’s Jersey Advocate.

Independent Schools Council v. Charity Commission and Attorney General’s reference in respect of institutions running fee paying schools [2011] UKUT 421 (TCC) [2011] ELR 529 (Upper Tribunal) (Tax and Chancery Chamber).  Degree of provision for the poor required.

Cawdron v. Merchant Taylors’ School [2009] EWHC 1722 ( Ch) (Blackburne J).  Issue as to the nature of trusts created during the First World War and compromise of claim to land; enabling the land to be sold for development and replacement sports facilities to be provided for the benefit of the School and its Old Boys.

 





All Quotes

"...it's mind-blowing how impressive he is" Chambers & Partners

"Is a star", "He is very capable, acessible and he doesn't mind rolling up his sleeves to get down to a really difficult matter," "he is an extremely reliable person to work with" Chambers High Net Worth

"...recommneded for trustee disputes and charity-related profesional negligence claims..." Legal 500

"...very thorough..." Legal 500

Recommendations

Charities (Legal 500 and Chambers & Partners)
Chancery: Traditional (Chambers & Partners and Chambers High Net Worth)
Private Wealth: Trusts (Chambers Global)
Private Client
(Who's Who Legal: UK Bar)
Private Client: Trusts and Probate (Legal 500)
Trusts (Chambers & Partners)

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William Henderson

William Henderson

Year of Call: 1978
Email: whenderson@serlecourt.co.uk

Overview

Will Henderson acts for private clients, trustees, trust companies, H.M. Attorney General and HMRC, principally in relation to disputes concerning domestic and international trusts, probate, the administration of estates, charities, and associated professional negligence.  He is Junior Counsel to the Treasury in Charity Matters.  In that capacity he advises and represents H.M. Attorney General as to and in contentious and non-contentious matters involving charity and charities.  He also has a non-contentious private client practice in relation to trusts and charities.  He sits for about 3 weeks a year as a Deputy Chancery Master.

Areas of expertise

Recommendations

Charities (Legal 500 and Chambers & Partners)
Chancery: Traditional (Chambers & Partners and Chambers High Net Worth)
Private Wealth: Trusts (Chambers Global)
Private Client
(Who's Who Legal: UK Bar)
Private Client: Trusts and Probate (Legal 500)
Trusts (Chambers & Partners)

Quotes

"...it's mind-blowing how impressive he is" Chambers & Partners

"Is a star", "He is very capable, acessible and he doesn't mind rolling up his sleeves to get down to a really difficult matter," "he is an extremely reliable person to work with" Chambers High Net Worth

"...recommneded for trustee disputes and charity-related profesional negligence claims..." Legal 500

"...very thorough..." Legal 500

Trusts and Probate

Pitt v. Holt [2013] UKSC 26.  Will represented Mrs Pitt in the High Court, Court of Appeal and the Supreme Court.  Some say this is the most important trust case of the 21st century.  The Supreme Court set aside a settlement created by Mrs Pitt as her husband’s Court of Protection by reason of her having been seriously mistaken as to the Inheritance Tax effects or consequences of the transaction.  The Supreme Court also reviewed the so-called rule in re Hastings-Bass and held that it did not apply in a case such as Mrs Pitt’s, where the fiduciary had acted on the basis of apparently competent advice which was in fact incorrect.

Gudavadze v. Kay [2012] EWHC 1683 (Ch) (Sales J).  Summary judgment obtained on the basis that alleged testamentary documents were forgeries.  A combination of consequential orders were made which avoided there being a possible gap in the active representation of the estate in England and Wales.

Berezovsky v. Hine and Ors [2009 – 2012].  Will acted for the widow, daughters and mother of the late Badri Patarkatsishvili in the litigation brought against them by the late Boris Berezovsky.

In the Matter of H [2011] JRC 070 (Royal Court Jersey).  Application by Representor to participate in proceedings concerning a Charitable Foundation.  Assisting Representor’s Jersey Advocate.

Cawdron v. Merchant Taylors’ School [2009] EWHC 1722 ( Ch) (Blackburne J).  Issue as to the nature of trusts created during the First World War and compromise of claim to land; enabling the land to be sold for development and replacement sports facilities to be provided for the benefit of the School and its Old Boys.

Re Kostic, Kostic v Chaplin [2007] EWHC 2909 (Ch) 2007 WL 4266180 (Henderson J).  Detailed analysis as to the principles applicable to the award of cost in contentious probate proceedings.

Re Kostic, Kostic v Chaplin [2007] EWHC 2298 (Ch), (2007-08) 10 I.T.E.L.R. 364, 2007 WL 2944829 (Henderson J).  Testamentary capacity.  Will leaving whole estate (c.£8 million) to Conservative Party Association held invalid by reason of testator's insane delusions.

Re Rogers, Deceased [2006] EWHC 753 (Ch), [2006] 1 WLR 1577 (Lightman J).  Test Case as to whether a standard form clause in a will appointing as executors the partners in a firm of solicitors, or its successor firm operated when, by the time of the testatrix's death the firm had merged with another firm and become a limited liability partnership ("LLP").

Various confidential applications as to executors’ and trustees’ obligations in respect of possible 3rd party claims and as to fiduciaries’ rights of indemnity and retainer.
 

Charities

Helena Partnerships Ltd v. HMRC [2012] EWCA Civ 569.  The Court of Appeal, upholding the decisions of the Upper and First Tier Tribunals, held that the provision of housing accommodation, otherwise than for those in some relevant charitable need, was not a charitable purpose within the spirit and intendment of the preamble to the Charitable Uses Act 1601, either directly or by analogy with any other recognised purpose. It followed that the objects of a housing association were not exclusively charitable and it was accordingly liable for corporation tax on the rents that it received.  Will acted for HMRC at all levels.

Berezovsky v. Hine and Ors [2009 – 2012].  Will acted for the widow, daughters and mother of the late Badri Patarkatsishvili in the litigation brought against them by the late Boris Berezovsky.

Attorney General v Charity Commission for England and Wales [2012] W.T.L.R. 977 (Upper Tribunal) Attorney General’s reference in respect of trusts for relief of poverty amongst family members or employees).

In the Matter of H [2011] JRC 070 (Royal Court Jersey).  Application by Representor to participate in proceedings concerning a Charitable Foundation.  Assisting Representor’s Jersey Advocate.

Independent Schools Council v. Charity Commission and Attorney General’s reference in respect of institutions running fee paying schools [2011] UKUT 421 (TCC) [2011] ELR 529 (Upper Tribunal) (Tax and Chancery Chamber).  Degree of provision for the poor required.

Cawdron v. Merchant Taylors’ School [2009] EWHC 1722 ( Ch) (Blackburne J).  Issue as to the nature of trusts created during the First World War and compromise of claim to land; enabling the land to be sold for development and replacement sports facilities to be provided for the benefit of the School and its Old Boys.

 

Qualifications

Trinity College, Cambridge - BA

Appointments

Junior Counsel to the Treasury (Charities)

Memberships

Chancery Bar Association

Association of Contentious Trust and Probate Specialists

 


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