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T: +44 (0)845 257 9449
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Rachel Waller

Contentious Wills, Trusts, and Estates Partner

+44 (0) 845 257 9449
Contact Rachel

Contact Rachel

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Rachel Waller is a creative and empathetic solicitor specialising in Wills, Estates and Trusts disputes, with extensive Court of Protection experience.

Rachel joins Excello from the Official Solicitor and Public Trustee’s Office, where she dealt primarily with complex litigation on behalf of clients lacking the mental capacity to do so themselves. Prior to this Rachel spent 13 years in private practice, most recently as a partner at Bishop & Sewell LLP, where she established and headed the Contentious Probate/Court of Protection Team. Here she dealt with disputes relating to Wills, Estates, Trusts, mental capacity issues and Attorneys / Deputies; and resulting claims, such as professional negligence, injunctions and fraud claims. She also dealt with Inquests and associated claims.

The central figures in Rachel’s cases are often vulnerable, and she has extensive experience of dealing with difficult family dynamics, coercive control, and intimidatory and bullying behaviour

Rachel's Experience

  • Acting for siblings whose appointment by their mother as her attorneys was challenged by their mother’s husband in the Court of Protection.
  • Acting for the children of a testator whose will was changed shortly before his death to make his new wife the principal beneficiary and executor of his entire multi-million-pound estate, to challenge the validity of the new will.
  • Acting for beneficiaries to challenge the conduct of an executor, and to bring an Inheritance Act claim.
  • Acting for the director of a number of companies, whose son (a manager of a number of her companies and her attorney under a power of attorney) falsely claimed that she lacked mental capacity to conduct the businesses, and transferred significant funds and a number of properties, including some located outside of the jurisdiction, into his name.
  • Acting in a long-running, complex civil fraud case arising from breach of trust, including to trace and recover assets located overseas.
2012

Rachel is passionate about environmental and social justice issues, and likes little more than putting the world to rights, particularly over good wine and food. She also enjoys literature, fashion, walking, permaculture gardening, dancing, theatre and art. She has yet to convince herself that she is too old for festivals.

BA(hons) / GDL / LPC / LLM / ACTAPS

Rachel is an Associate member of both the Association of Contentious Trust and Probate Specialists (ACTAPS) and the Society of Trust and Estate Practitioners (STEP); and a member of the Court of Protection Practitioner’s Association.

Testimonials

“Professional, Diligent, and Sympathetic Throughout… in a delicate and very frustrating matter under trust law. The skill, diligence and patience … deployed demonstrated an exceptionally high standard of professional service.”

Rachel’s work “was thorough, informed and she was extremely approachable at all times. Her knowledge and expertise were evident throughout and I would highly recommend her.”

“Simply Outstanding – The matter was a complex one but Ms. Waller managed to resolve it quickly (there was significant time pressure in the matter) and extremely effectively. Her communication with me was excellent and clear. She struck the perfect balance between keeping me informed and moving things forward on her own. She obtained the best possible outcome for me and was a very strong negotiator. I was extremely impressed by the work that Ms. Waller … did on my behalf.”

Rachel's Updates