Elis Gomer

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Email: clerk@stjohnsbuildings.co.uk

Phone: 01244 323 070

Year of call: 2008

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“A well-regarded junior who focuses his practice on traditional chancery matters, including contentious probate, trusts and Inheritance Act claims. Gomer also handles non-contentious trust and estate matters, as well as real property disputes.

Strengths: “He speaks with a real authority on inheritance matters.” “His technical expertise is brilliant; he’s really strategic and phenomenally good with clients.” “He’s absolutely outstanding on his feet.” Chambers UK Bar 2021

“Elis is my major go to on all things property (chancery) related, probate and trusts. He is incredibly astute, and always gives robust advice whilst remaining utterly charming throughout. Elis is outstanding on his feet. He has a real passion for advocacy and is driven to succeed by a genuine belief in and commitment to the case and clients he represents.” Legal 500 2021

Elis is a Chancery specialist who practices exclusively in the field of property and estates. His practice is focused on contentious and non-contentious trusts matters; probate, inheritance and estate litigation and real property litigation. He also conducts property and affairs cases in the Court of Protection.

Elis is a robust and experienced trial advocate who is praised for his client handling skills and his strategic acumen in litigation.  He aims to identify the best realistic outcome for the client, and the most effective way of reaching it, in every case in which he is instructed. He is recognised as an authority in his field and regularly delivers seminars on his key specialisms.

Elis is a fluent Welsh speaker and has significant experience in using the language in a legal context, both in written work and in court.

As an enthusiastic speaker of the language, he is always pleased to advise clients about bilingual or Welsh language litigation.

Memberships

  • Northern and Wales Circuits
  • Northern Circuit Commercial Bar Association (committee member)
  • Northern Chancery Bar Association
  • Chancery Bar Association
  • Association of Contentious Trust and Probate Specialists (ACTAPS)

Directory Recommendations

“He always provides sound legal and practical advice.” Legal 500 2020

“Very experienced in trusts, wills and estates disputes” Legal 500 2019

“An expert in contentious probate matters.” Legal 500 2017

Solicitor Recommendations

“Helps clients understand complex issues in terms they can understand… delivers pragmatic and no-nonsense advice.”

“He has a hands-on approach and is always available to discuss cases and answer questions… easy to work alongside.”

“His legal scholarship illuminates his written opinions and oral submissions. In court he has the manner and bearing of a natural advocate. I would not hesitate to recommend him.”

Articles

Expertise

  • Property and Private Client

    PROPERTY AND ESTATES

    A respected expert in the field, Elis enjoys a busy property and estates practice. He is highly sought after to advise and draft pleadings and applications in all of his specialist areas, together with non-contentious drafting such as settlement deeds and trusts.

    Elis has notable expertise across the field, including trusts, probate, inheritance and estates, as well as property and professional negligence. He is frequently instructed in trust disputes, non-contentious trusts matters such as construction applications, Re Beddoe applications and Variation of Trusts applications, and TOLATA/proprietary estoppel claims.

    His probate and inheritance work sees him advise on all aspects of estate administration (with removal of executors and administrators a particularly common field), claims under the Inheritance (Provision for Family and Dependants) Act 1975 claims and contentious probate claims, together with associated claims such as undue influence matters or professional negligence matters against estate practitioners. He has been involved in several substantial matters involving probate fraud and forgery and has wide experience of dealing with ‘problem’ estates.

    A large part of Elis’ practice is property-based and deals with the rights and obligations of real property ownership. His agricultural background means that he has a particular interest in agricultural holdings and the law relating to them. Elis is frequently instructed to act in matrimonial cases (either alongside specialist financial remedy counsel or as sole counsel on behalf of interveners) which involve a Chancery element such as nuptial settlements, family wealth or partnership issues.

    Key Cases

    Ball v Sisson and anor [2020] WLUK 544 (Business and Property Courts, Leeds District Registry): Represented the Claimant in a forged will claim. One of only a handful of reported cases where forgery has been successfully proved.

    Re J [2020] (Business and Property Courts, Cardiff District Registry): Acted for the Claimants (the children of the Deceased) in a claim pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 against the £6m estate of the Deceased. Settled on confidential terms shortly before trial.

    Y v Y [2019] (Principal Registry): Instructed for the wife (as trusts junior to Samantha Hillas QC) in a financial remedy case in which the husband claimed that all of his multi-million pound asset base is held in two trusts.  Settled on favourable terms shortly before trial.

    Re Okanlawon [2019] (Principal Registry): Acted for a widow seeking to obtain letters of administration in a Nigerian family dispute in which other members of the family alleged that the widow was in fact divorced from the Deceased and produced forged documents in order to advance that case.

    Harvey v Harvey [2018] (Chancery Division, Liverpool District Registry): Represented the Defendants in a probate claim alleging lack of capacity, want of knowledge and approval and undue influence.

    Brindley v Brindley [2018] EWHC 157 (Ch) (2018, Chancery Division, Leeds): Acted for the Claimant in a claim seeking the setting aside of lifetime transfers of property and money on the grounds of undue influence.

    Jump & Anor v Lister & Anor [2016] EWHC 2160 (Ch) (2016, Chancery Division, Manchester): Acted for the successful Claimants in a claim seeking the Court’s directions as regards the true construction of mirror wills. Raised a novel point concerning the interplay between survivorship clauses in wills and the commorientes principle.

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  • Court of Protection

    Elis has extensive experience in a wide range of property and affairs cases in the Court of Protection and sees this as a natural corollary to his work in the trusts and estates field.

    As one of the few barristers to complete the Association of Contentious Trust and Probate Specialists (ACTAPS) diploma, Elis has accredited expertise in mental capacity issues and the involvement of the Court of Protection in such matters.

    He has particular expertise and experience in the field of financial abuse, contested revocation of LPAs and other proceedings concerning delinquent deputies and attorneys.

    Key cases

    Re GC [2020] (Court of Protection, Newcastle upon Tyne): Represented the local authority in an LPA revocation case involving an impasse between family members, who each alleged that the other was unduly influencing P.

    Re DM [2020] (Court of Protection, Liverpool): Acted on behalf of a property and affairs deputy in a case involving a parent who disagreed with the court-sanctioned care regime for P and who consistently failed to abide by court orders.

    Re DH [2018] (Court of Protection, London): Represented the Official Solicitor in an LPA revocation case concerning a failure to provide proper accounts.

    Re RR [2017] (Court of Protection, London): Represented a family member in a statutory will application involving extremely divergent views as to what P’s views would be.

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