Lydia
Pemberton

Lydia regularly deals with private client cases concerning allegations of fraud, forgery and financial misconduct often involving close family members and allegations of breach of trust.  Her practice includes acting for clients in respect of will validity challenges, challenges to lifetime dispositions, the removal of personal representatives and trustees, Beddoes applications and other Part 64 proceedings.

Lydia’s recent and ongoing work includes:

• representing the claimant in a removal application of her co-executor Fawcett v Dolo [2024] EWHC 2655 (Ch);
• successfully defending a High Court claim where it was alleged that her client,  the surviving spouse, was estopped from receiving the deceased husband’s intestate estate (worth up to £13m) because of a consent order reached with, and partially performed by, the deceased in financial remedy proceedings;
• representing a defendant in a forfeiture claim where it was alleged that her client had forfeited her inheritance on the grounds of gross negligence manslaughter;
• defending High Court proceedings brought by a minor grandchild against his grandfather where part of the claim was for declaratory relief that substantial insurance proceeds received by the grandfather were held on constructive trust for the grandchild. It was also claimed that lifetime transfers to the deceased were voidable on the basis of presumed undue influence;
• presently defending a probate claim where the claimant seeks a decree pronouncing for the force and effect of a will and codicil where Lydia’s clients have counterclaimed for a declaration that the codicil was forged;
• presently defending a probate claim where the claimant seeks a decree pronouncing against the force and effect of two wills in two separate estates. Lydia’s client has counterclaimed for a declaration pronouncing for the wills and also brought separate claims that the claimant is liable to account as an executor de son tort and has lost his inheritance by challenging the will when there is an express “no contest” provision;
• successfully defended a 1975 Act claim brought by a cohabitee against the adult children where the claimant succeeded on her alternative claim for rectification of a deed of trust to provide her with a lifetime interest in the home;
• settling at an ENE hearing a 1975 Act claim in favour of the minor child for provision from his late mother’s estate, which had been predominantly left to an estranged ex;
• securing the removal of the personal representative and consequential orders to account based on the PR’s breach of fiduciary duties of loyalty including retaining estate assets for his own benefit. Lydia has several ongoing cases for executor removals and consequential accounts/inquiries based on the mismanagement of the estates;
• obtaining a settlement of a claimant for a client who challenged the validity of his wife’s will based on lack of testamentary capacity in a case where the defendant beneficiaries had inter alia arranged for reference to the deceased’s vascular dementia to be removed from the death certificate and other medical records;
• settling an Inheritance Act claim at mediation brought by a mother against the executor/beneficiary adult child, which involved a second claim by an aunt against the estate based on a secret trust;
• obtaining a settlement that the joint tenancy of the property was severed during the deceased’s lifetime, such that her share passes into her estate and to Lydia’s client;
• obtaining financial provision under the 1975 Act for her client who was one of several of the deceased’s girlfriends, where eligibility was in issue.

Lydia advises and acts for clients claiming declaratory relief in respect of real property and acts for claimants and defendants in TOLATA proceedings and proprietary estoppel claims, also acting for intervenors and interested parties in financial remedy and insolvency proceedings.

Lydia’s recent and ongoing court work includes

• representing the claimant at trial over 4 days and achieving a declaration that 100% of the beneficial interest in a family property was held by the registered owners on trust for her;
• representing the client in a High Court trial (compromised on day 5 of 5) where the claimant claimed the entirety of the beneficial interest in a farm on the basis of proprietary estoppel i.e., “one day all this will be yours…”;
• settling the client’s claim for a proprietary interest in the deceased’s farming business and residential property;
• successfully claiming an award of damages in a residential construction case heard over of 6 days, where the experts were “hot-tubbed” over the course of two days;
• presently defending a dispute over several plots of land which have been inherited by different branches of the family, where each contends that their side own more than the other claims.

Lydia is an advocacy tutor for Lincoln’s Inn and a committee member of the UK Association of Women Judges.  She also sits as deputy chair of the Birmingham Law Society’s Dispute Resolution Committee.

Direct Access

Lydia is qualified to accept instructions directly from members of the public and professional clients.

Lydia Pemberton is a well-regarded junior who focuses her practice on traditional chancery matters, including Inheritance Act claims and will challenges. She also has experience handling TOLATA disputes and Section 50 removal claims.

Chambers UK 2025/Chancery/Midlands Bar

“Lydia is a very composed and effective advocate. Her written advocacy was excellent, and she is very good on cross-examination – she is able to drill out the necessary information.”

“Lydia Pemberton is excellent. She is incredibly hard-working, knowledgeable, good with clients, and is a technical person and a great advocate too.”

“Lydia has forged her way successfully in this area and has established a strong reputation.”

Legal 500 2025/Private Client: Trusts and Probate/Chancery, probate and tax/Leading juniors/London Bar/Regional Bar/Midlands Circuit

‘Lydia is a good advocate.’

‘Lydia is a talented advocate. She is client-focused and technically impressive. Not only does she have an exceptional understanding of the fundamental issues in cases, but she is also able to explain those issues clearly and concisely to her clients.’

Chambers UK 2024/Chancery/Midlands Bar

“From the outset she was happy to help and went the extra mile for the client without the clock ticking. She’s quietly fierce.”

“I was very impressed by her ability to pick up the details of quite a complicated and lengthy dispute at such short notice, to identify the relevant and arguable points.”

Chambers UK 2023/Chancery/Midlands Bar

She has a clear grasp of the issues involved and deals with matters efficiently with regard to the commercial realities of a dispute.” “She is outstanding and exceptional in what she does.”

Chambers UK 2022/Chancery/Midlands Bar

Strengths: “She is collaborative, communicative and so efficient as well as being legally accomplished.” “She is keen to pick up the phone and email to make sure we are joined up in our thinking to present the best case.”

Recent work: Acted for the defendant in a claim for revocation of letters of administration of an estate worth £1.6 million based on allegations of fraudulent content included within the oath.

Legal 500 2022/Chancery, Probate and Tax/Leading Juniors/Midlands Circuit

‘Her advice is sound and well-reasoned, and her drafting is succinct and persuasive.’

“Lydia Pemberton, who is described by clients as someone who will ‘fight hard for her clients and cut to the heart of an issue to get things done’, is highly active in Inheritance Act claims, disputes about the validity of wills, removal of executors, and TLATA matters.”

Chambers UK 2021/Chancery/Midlands Bar

‘Lydia is very clever and driven and exceptionally hardworking. She leaves no stone unturned in her research and is always going the extra mile to try to find an additional, or improved argument for her clients.’

Legal 500 2021/Chancery, probate and tax/Leading juniors/Regional Bar/Midlands Circuit

Strengths: “She’s always spot on, she’s really clever and driven and she will always go the extra mile for her client’s case.”