3PB

Probate; Property and estates; Commercial

Ashley Blood-Halvorsen (TEP) specialises in property and chancery disputes with particular emphasis in contentious probate, TOLATA and insolvency.

She is down to earth, approachable and connects well with lay clients who are often appearing in court for the first time. Part of her customer service offering is being responsive and providing advice that is straight to the point.

Ashley is a prize winning barrister, having been awarded both the Nicholas Pumfrey Memorial Scholarship and the Blackstone Entrance Scholarship by Middle Temple, and the Dean’s Bar Professional Training Course (BPTC) Scholarship. In addition, she won the Baron Dr Ver Heyden de Lancey Prize as the best Middle Temple student on the BPTC at her centre.

Ashley is also a Deputy District Judge on the Midlands Circuit.
Publications
Clawing Back the Cash — The Test for Permission to Challenge a Trustee in Bankruptcy's Remuneration — A Look at Singh v Hicken
Article published on Feb 11, 2019 in the Corporate Rescue and Insolvency Journal - Citation: (2019) 1 CRI 8. Authors: James Davies and Ashley Blood-Halvorsen

Cannabis: A look at sweeping global change
Published in June 2019 as a paper for the working party of the Society of Conservative Lawyers. Forward written by Victoria Prentis MP.

Ashley is a guest editor of the Surveyors chapter of the Encyclopaedia of Professional Partnerships by Sweet & Maxwell.
Academia
Ashley read history at the University of Toronto, where she specialised in the history of religion. She relocated to England in 2011 to study law and graduated top of her class, winning the Sweet & Maxwell Law Prize as the top performing final year student. During her law degree she spent a summer studying civil law in France at Paris II-Panthéon Assas University (Sorbonne). She was awarded a scholarship from the Fondation pour le Droit Continental to attend.
Interests
Outside work, Ashley’s varied interests include Jewish apocalyptic literature, Freddie Mercury and day trading stocks on listed exchanges.

Probate

Ashley Blood-Halvorsen (TEP) has a strong understanding of - and caseload in - all aspects of contentious probate and estates work, advising and representing individuals. Before qualifying as a barrister, she spent some time working for a firm tracing beneficiaries to estates.

She acts for clients in respect of a range of estates, from those of a modest value through to those involving substantial sums and including estates with an international aspect.  Her practice covers all areas regarding the validity of wills and testamentary dispositions, both as regards the necessary formalities and in respect of the substantive validity, and she also advises on the interpretation and construction of wills and other instruments.

Ashley has undertaken many Inheritance Act cases and has a firm understanding and extensive experience of TOLATA claims. She is a full member of STEP, and earlier earned a merit in her Taxation of Trusts and Estates exam.

Cases include:

• Obtaining a freezing injunction in relation to monies arising out of a sale of a trust property.
• Drafting a particulars of claim regarding breach of trust in the sale of a property from an estate.
• Advising on and appearing in hearings for the removal of trustees and executors.
• Providing advice regarding a beneficiaries entitlement to commence possession proceedings regarding a residential property.
• Advising executors regarding potential inheritance act claims and claims of historic devastavit with limitation elements.
• Advising claimants regarding inheritance act claims by:
• Adult children and those who were maintained by the deceased;
• Cohabitees of the deceased;
• Spouses of a polygamous marriage entered into outside of England and Wales.

She has given talks regarding:

• ‘DIY Will Drafting and Digital Assets – what can go wrong?’ in connection with STEP East Midlands
• ‘The cost of dying - litigation costs in Probate and Inheritance Act claims’

She can provide quantum advices for infant settlement hearings when a compromise has been made on behalf of minor children in Inheritance (Provision for Family and Dependants) Act 1975 claims.
Cases include:
Re Estate of GB

Advised, and drafted particulars of claim regarding a breach of trust, fiduciary duty, devastavit and fraud of an executor. Ashley subsequently successfully represented the Claimants in a summary judgment application in the High Court.

Re Estate of JC

Part 8 proceedings regarding the construction of a clause in a will and whether or not a trust is properly constituted.

Re Estate of EJ

Advising an executor regarding potential claims on the estate from a beneficiary in Australia.

Re Estate of MS

Advising an executor regarding a 1975 claim from a polygamous wife with a severely disabled child.

Re Estate of KS

Representing the adult child who was maintained by the deceased in 1975 proceedings. Successfully resisted a strike out application in the High Court.

Re Estate of PB

Advised in a 1975 claim involving a cohabitee and a separated spouse. Questions over what formed part of the net estate.

Re Estate of PS

Advising in a 1975 claim involving a cohabitee who has a legal interest in the joint property. Dispute about whether the applicant is entitled to a life interest.

She is willing to consider matters on a Conditional Fee Arrangement in appropriate cases. Ashley also routinely appears in mediations for her clients.

Property and estates

Ashley Blood-Halvorsen specialises in business and property disputes with particular emphasis in property & estates and contentious probate.

Read more about Ashley's expertise in her specialist profiles below.

Commercial

Ashley Blood-Halvorsen accepts instructions on behalf of both landlords and tenants and has experience in dealing with possession and forfeiture claims, and injunctive relief. Recent work includes:

• Advising on lease extensions pursuant to the Landlord and Tenant Act 1954 including what is meant by in occupation for the purpose of its business.
• Relief from forfeiture hearings.
• Proceedings where there has been unauthorised Airbnb use.
• Obtaining an emergency injunction in a commercial landlord and tenant dispute involving the CRAR procedure.
• Advising on lease extensions pursuant to the Landlord and Tenant Act 1954.
• Advising whether leases have been forfeited or surrendered and the enforceability of a deed of guarantee where it is irregular.
• Successfully resisted a claim for loss of bargain related to guaranteed rental income and the repudiation of a lease.
• Interpreting leases and classifying whether business, residential or common law in relation to holiday lets.

Year of call: 2017

Deputy District Judge, Midlands Circuit Chancery Bar Association STEP (Full Member) Property Bar Association (associate member) Midland Chancery and Commercial Bar Association

Law (LLB) 1st Class, University of Derby BA (Hons) History (Religion), University of Toronto, Canada BPTC (BPP University) Very Competent 2017 Certificate in Civil Law, Paris II-Panthéon Assas University 2012

Outside work, Ashley’s varied interests include Jewish apocalyptic literature, Freddie Mercury and day trading stocks on listed exchanges.