Blandy & Blandy LLP Solicitors
Philip D'Arcy

Philip D'Arcy

Partner, Dispute Resolution & Notary Public

Location: Reading
Qualified as a solicitor: 1981

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Philip D'Arcy is a partner and head of our Dispute Resolution team.

He is a highly experienced and acknowledged expert in resolving disputes in relation to trusts, probate and inheritance matters, including disputed wills, claims to remove executors or trustees, breach of trust cases and Inheritance Act claims.

Philip also handles a wide range of property-related disputes, particularly those involving commercial property, including rent arrears claims, possession cases, claims for breaches of covenant, dilapidations claims and renewal proceedings.

He has experience of the full range of dispute resolution methods - from negotiation, through mediation to arbitration and tribunal and court proceedings. His approach is to understand clearly his clients' priorities, to advise them of the options, recommend the best approach, and then to seek to achieve the most cost-effective resolution possible.

Philip is a full member of the Association of Contentious Trust and Probate Specialists (ACTAPS), one of only a few Thames Valley solicitors to have achieved this accreditation. He is also a Notary Public.

Philip is recommended in The Legal 500 and has been recognised in the annual Citywealth Leaders List for his expertise.

Examples of recent work

  • Advising our client on her brother's opposition to the appointment of an independent executor in relation to their mother's will and a resulting dispute, having both been appointed executors with assets to be divided between them. The court ordered a solicitor be appointed and that the brother pay the cost of the case.
  • Advising our client in relation to a 50% share in a property held in trust following a divorce from her mother. Despite her father remarrying and his new wife subsequently severing their joint tenancy on a new property bought with proceeeds from the first, we were able to preserve our client’s 50% beneficial interest.
  • Advising our client following the unintended omission (by her mother's solicitor) of her name as a beneficiary in her mother's will, resulting in her inheriting her mother's property, with the residue of the estate being shared among other parties.  The matter was resolved by a deed of variation rather than needing a court order to rectify the will.
  • Advising our client, who had been in the process of divorcing his wife at their time of her death. This left their finances unresolved and she left a will leaving her estate in trust. As the couple were still married at the date of death, our client was able to bring a claim under the Inheritance Act 1975 which was settled with him receiving in effect his half share of the former house.
  • Advising the executors of a will on the discovery that before her death an elderly and vulnerable lady had paid substantial sums  to her osteopath who claimed that these were gifts. A claim was brought for the recovery of the alleged gifts on the grounds of presumed undue influence, with the majority of the funds recovered.
  • Advising a brother who had bought a house with his sister, given a certain understanding that the pair subsequently disagreed upon. At the trial, the court ordered the sale of the property and the 50/50 division we had sought, with the sister also ordered to pay costs.  

Areas of Expertise

Wills & Probate Disputes

  • Will disputes
  • Disputes over the administration of the estate; who may take out the grant; caveats and warnings
  • Disputes over inheritance including claims under the Inheritance (Provision for Family and Dependants) Act 1975
  • Issues over what is included in the estate such as jointly owned property and Trust property
  • Claims based on a lifetime promise (Promissory estoppel claims)
  • Contentious probate issues
  • Trust disputes, including resulting Trusts
  • Claims against Executors and Trustees; including compensation for breach of trust, actions for an account, removal of executors and trustees
  • Claims against advisers; including negligent drafting of Wills; wrongful handling of the Estate or Will Trusts
  • Claims against Attorneys for wrongful dealings or failing to account
  • Death bed gift disputes
  • Mutual Wills
  • Secret Trusts

Property disputes

  • Landlord and tenant issues
  • Joint ownership disputes
  • Dilapidations claims
  • Renewal proceedings under the Landlord and Tenant Act 1954
  • Rent arrears claims
  • Possession cases
  • Claims for breaches of covenant
  • Forfeiture
  • Distress
  • Trespassers, squatters and adverse possession claims

Professional Memberships:

Member, Association of Contentious Trust and Probate Specialists (ACTAPS)
Member, Notaries Society
Member, The Law Society

Education:
Manchester Metropolitan University, Diploma in Law Firm Management
Cambridge University, Notary Public qualification
College of Law, ACTAPS Diploma
College of Law (Guildford), LPC
University of Reading, LLB

Accreditations & Awards:
Recommended, The Legal 500

What our clients say...

“An important figure in the team is Philip D'Arcy for contentious probate instructions.”

The Legal 500

“You have been wonderful and I cannot thank you enough for your assistance for what has been a very distressful and emotional time for both myself and my family.”

Client

“Thank you for dealing with the whole situation so brilliantly. I still can’t believe it’s finalised!”

Client

“We would like to thank you so much for all the work that you put in to resolve this dispute. We were most impressed with the speed of your response to any queries we had and the way you dealt with resolving this matter.”

Client

“Thank you. You did a brilliant job and I will be continuing to use you in any legal capacity.”

Client

“We are all very appreciative of what you have achieved for us; we could not have done it without you.”

Client

“I would like to say thank you for your professional help in resolving these problems for me. I did not expect to be getting these results so quickly so I am very pleased.”

Client

“We would all like to extend our thanks to you for helping us through this difficult time. You have given us clear, sensible advice and have patiently explained points of law to us in ways we can all understand.”

Client

“You have been available and responsive when we've needed you to be, and also a calm voice when maybe we've not felt that way! I certainly will be happy to recommend you, and by extension Blandy's, to friends and colleagues in the future.”

Client

“”

News & Insights

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Unlawful Killing, Assisted Suicide and Inheritance - The Forfeiture Rule
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Problems With Executors of a Will/Estate – What Can Be Done?
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Philip D'Arcy

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Contesting a Will - A Rise in Claims and Who Can Make a Claim Under the Inheritance Act
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Philip D'Arcy

Partner, Dispute Resolution & Notary Public

Mistakes in Wills - What Can Be Done?
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Philip D'Arcy

Partner, Dispute Resolution & Notary Public

A Dispute Over Selling an Inherited Property
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Philip D'Arcy

Partner, Dispute Resolution & Notary Public

The “Rule Against Double Portions” - Wills and Lifetime Gifts
Philip D'Arcy

Philip D'Arcy

Partner, Dispute Resolution & Notary Public

Claims Against Charitable Bequests by Disinherited Children
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Philip D'Arcy

Partner, Dispute Resolution & Notary Public

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