Clive Pithers
Called to the Bar in 1989

Clive joined Fenners Chambers over 20 years ago, and has specialised in probate and related areas of chancery and property law throughout his career. Clive deals with most aspects of contentious and non-contentious probate work

AREAS OF PRACTICE

• The validity and construction of wills
• Grants of representation
• Administration of estates on intestacy
• Breaches of duty by trustees or executors
• The removal or substitution of personal representatives
• Claims under the Inheritance Act
• Professional negligence claims arising in any of the above areas

HIS WORK

As a member also of Chambers’ family and property groups, Clive offers particular breadth of expertise in probate disputes in which the following may feature.

• Past or pending divorce proceedings involving the deceased
• Claims made against property of an estate (whether in relation to a disputed boundary or claims under a constructive trust or by way of estoppel)
• The administration of and disputes relating to family trusts

Clive has been a member of Fenners Chambers for over 20 years. Throughout his career, Clive has been a specialist property law and chancery barrister.

AREAS OF PRACTICE

• Freehold Property: all aspects of freehold property including the enforcement of contracts, return of deposits, registration of land and priority of interests; mortgage possession actions, the enforceability of mortgages, undue influence and misrepresentation; professional negligence arising in connection with the above areas of work.
• Leasehold Property: commercial leases, including renewal, forfeiture, service charges and dilapidations; residential leases, including possession, demotion, anti-social behaviour, unlawful eviction, forfeiture, dilapidations and service charges.
• Trusts: express trust; constructive and resulting trusts; estoppels and TOLATA claims.

HIS WORK

As a member of Chambers’ family and probate groups as well as the property group, Clive offers particular breadth of expertise in cases with a domestic element. These include property disputes arising in the following circumstances:

• The breakdown of relationships;
• The administration of estates or family trusts;
• Applications under the Inheritance Act;
• Where undue influence may be a feature in relation to mortgages or the disposition of property.

Clive Pithers continues to undertake financial work in the family law sector alongside his property and probate practice. As a member of the probate and property groups, he offers particular expertise involving family trusts, inheritances and matrimonial property in which third parties may have an interest or a disputed claim. Clive has considerable experience of disputes between co-owners of property.

AREAS OF PRACTICE

• Financial remedy claims: applications for financial remedies at all levels
• Trusts of Land disputes in the matrimonial context: the validity and construction of express declarations of trust; claims to set aside the disposition of property; resulting and constructive trusts and proprietary estoppel
• Claims involving parallel applications under schedule 1 of the Children Act
• Inheritance Act claims for and against all classes of claimant.

HIS WORK

Clive accepts instructions from members of the public and fellow professionals as well as traditional referrals from solicitors. Despite the restrictions on public funding in his areas of law, Clive welcomes legal aid instructions.