Abha Pandya

Call: 2007

Abha has over 10 years’ experience of civil litigation having been at a highly rated Chambers in London practising in personal injury and employment law, before making a move into private practice as Head of Contentious Trusts and Probate and then Head of Private Client at a top 200 national law firm. Abha more recently worked at a Sussex firm highly regarded for its private client work, advising exclusively on contentious trusts and probate matters.

Abha has successfully brought claims on behalf of partners, spouses and dependants under the Inheritance (Provision for Family and Dependants) Act 1975 as well as advising on the merits of bringing and defending such claims, and acting for the defendant children and executors.

Abha has also acted on behalf of beneficiaries and executors named in a will/ administrators of estates in the full range of probate claims such as proceedings to remove a caveat, claims to prove a will in solemn form, for a declaration that a will is invalid due to incapacity, claims for breach of duty, and claims to remove executors.

Legal Expertise

Selected Cases

  • Acting for a trustee facing breach of duty allegations and allegations of self-dealing – value of the claim against the trustee £5 million.
  • Advising a daughter of the deceased mother who was left significantly less under her mother’s will than her sisters; Estate value – £500k.
  • Advising the long term co-habiting partner (25 years) of the deceased who died suddenly without updating his will achieving satisfactory settlement without trial – Estate value £1.5 million.
  • Advising the daughter of the deceased on a claim against her late mother’s estate by her brother, who sought to set aside protective trusts which arose under a codicil. Estate value – £4.5 million.
  • Advising the Executor of an Estate, a friend of the deceased who was also the remainderman beneficiary of a life interest trust in the deceased’s property in respect of a challenge against the validity of a will- negotiated a way to complete the administration of the Estate and secured a substantial sum in settlement. Estate value – £650k.
  • Advising a legatee who was yet to receive her legacy (the reason being given that she had already received this in the deceased’s lifetime) and negotiating a satisfactory settlement between her and the beneficiaries of the the Estate. Estate value – £1.5 million.
  • Advising and bringing a claim on behalf a son in similar circumstances to the claimant in Ilott v Mitson [2017] UKSC – Estate value – £1.5 million.
  • Advising sisters who were not being given their share of their mother’s estate by their executor brother including bringing a claim for an account of the Estate and to remove him as an Executor; value of the Estate £250k.
  • Acted for a minor in a claim against the Executors for rectification of a will whereby their interest would be reduced; value of the Estate- £5million.
  • Advising on the prospects of bringing a claim of undue influence where the deceased’s hitherto unheard of girlfriend inherited his estate under the will; value of the Estate £1million.
  • Advising on defending a claim of undue influence brought by siblings against the executor and sole beneficiary; value of the Estate £400k.

Selected Cases

  • Advising on a claim against solicitors for failure to advise to place a restriction against the title;
  • Advising on a claim against solicitors for a failure to follow the Golden Rule and seek an opinion on the capacity of an individual;
  • Advising on a claim against will draftsmen who put in place an unnecessary and cumbersome trust arrangement;
  • Advising on a claim against solicitors for failing to advise in respect of possession proceedings.

Abha deals with Court of Protection cases in the area of property and affairs, and has also advised on issues concerning P’s health and welfare.

Selected Cases

  • Advising on claims against attorneys for breach of trust
  • Advising on applications for a statutory will
  • Advising on opposing an application for deputyship

Abha has acted for both claimants and respondents in dozens of claims for unfair dismissal, discrimination (disability, race, sex, nationality), wrongful dismissal, constructive dismissal, and whistleblowing.

Selected Cases
  • Successfully defended a discrimination claim (trial over several weeks) with 30+ allegations of discrimination brought against a local authority;
  • Successfully negotiated a settlement of a nationality discrimination claim for a substantial sum part way through a week long trial;
  • Successfully settled a sex discrimination claim on behalf of a claimant with a settlement reflecting the upper bracket of Vento;
  • Advised on a stress at work claim reaching a substantial settlement;
  • Advised and successfully defended claims for unfair dismissal brought by a group of former employees;
  • Advised on the effects of TUPE for a proposed merger;
  • Advised on draft employment contracts and work place policy and procedures.

Related insights

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