Peter John OBE

PETER JOHN OBE

CONSULTANT BARRISTER

Peter John OBE is an experienced civil law barrister specialising in all aspects of Wills, Probate, Trusts and Property Litigation in high profile cases in the High Court and County Courts.

Peter advises in all areas of contentious and non-contentious probate practice and the preparation of wills; the validity of wills; testamentary capacity; the rectification of wills and advises on potential claims of professional negligence arising from poorly drafted wills.

He advises and acts in cases concerning the trusts affecting and the beneficial ownership of property, and in claims under the Inheritance (Provision for Family and Dependants) Act 1975, and has experience in all forms of real property disputes. Peter also frequently and successfully represents clients in mediations.

Peter has been involved in numerous notable cases, including the following:

  • Testamentary Capacity – especially claims concerning the Wills and estates of elderly and vulnerable testators suffering from vascular dementia and Alzheimer’s Disease;

    • (1) Bernard Hinton (2) Patricia Hayes v (1) Susanna Leigh (2) Simon Reeve – In the Estate of Victor Reeve, Deceased [2009] EWHC 2658 (Ch) 27.10.09 LTL. A testator did not have capacity to execute a Deed of Revocation as he was suffering from a mental illness which caused insane delusions which poisoned his affections. A previously executed Will was upheld and probate granted;

    • Re Edwin John Watson Deceased – Carr & Others v Beaven & Others [2008] EWCH 2582 (Ch) LTL 5/11/2008; Testamentary capacity and the validity of Wills. Deceased did have testamentary capacity at date of execution of Will despite suffering mild to moderate dementia.

  • Want of knowledge and approval – reviewing all of the circumstances in which Wills have come to be executed and challenges arising from the involvement of potential beneficiaries;

    • In the Estate of Michael John Chantrey Inchbald, Deceased – Inchbald v Inchbald & Others [2016] EWHC 3215 (Ch); A claim of want of knowledge and approval failed and a Will was admitted to proof where the court was satisfied that the deceased was fully aware of the nature and effect of what he was doing when he executed it. The deceased had been told in a letter from his solicitor what the Will would contain, then taken through the Will in detail on the date of its execution, and then told in a second letter what the terms were of the document that he had executed.

  • Undue influence – both in respect of presumed undue influence of lifetime gifts and actual undue influence for Wills;

    • Alan Glanville & Michael Glanville (Executors of the estate of Horace Winston Glanville, Deceased) v Jean Mabel Glanville [2002] EWCH 1271 (Ch) LTL 1/7/2002. Lifetime gifts; undue influence. A deed of gift by the deceased, whereby he transferred his house into the joint names of himself and his wife as beneficial joint tenants, was not vitiated by undue influence.

  • Equitable ownership of property;

    • Patel v Patel [2023] CLCC - family dispute about the ownership of shop premises; determining contributions of family members.

Peter is a member and practices from Five Paper Chambers. He is also a member of The Contentious Trusts Association (ConTrA). Outside of work, Peter is an avid reader and golfer; he also enjoys theatre and is a member of the Board of the Old Vic Theatre and Chair of Governors at a Southwark primary school.