Joe is a partner in the Private Capital team. He helps clients to litigate and resolve complex, sensitive and high‑value disputes involving trusts, Wills and estates — often where there is significant family wealth at stake.
Joe advises private individuals, families, onshore and offshore trustees, and charities on the full spectrum of contentious issues arising in relation to substantial trusts and estates. His recent matters include challenges to the validity of Wills, applications under the Inheritance (Provision for Family and Dependants) Act 1975 (both bringing and defending claims), contested removals of executors and trustees, breach of trust claims, and cases involving promises made about inheritance (proprietary estoppel).
Joe also supports trustees seeking guidance from the court, including applications under the Public Trustee v Cooper jurisdiction. Joe has acted as representative beneficiary for minors and unborn beneficiaries in trust proceedings involving complex trust arrangements.
Joe also advises major professional indemnity insurers and their insured private client advisers in defending claims relating to Wills, trusts, estate administration and tax planning. These cases frequently arise from high‑value estates or sophisticated wealth‑holding structures.
Joe has substantial experience in the Court of Protection, particularly when dealing with the property and financial affairs of vulnerable individuals with cross‑border assets or other significant personal wealth. He has a strong specialism in complex statutory Will applications involving valuable estates.
Joe is one of very few full members of the Association of Contested Trusts and Probate Specialists (ACTAPS) based in the North of England. He is also a member of the Contentious Trusts Association (ConTrA), an Affiliate member of the Society of Trust and Estate Practitioners (STEP), and an accredited mediator.
Experience
Examples of experience include:
- Acting for a national charity in a High Court Part 8 application to rectify a drafting error in its governing trust deed
- Advising the beneficiary of a substantial discretionary trust on a potential Public Trustee v Cooper application for judicial blessing of a proposed course of action
- Acting for offshore trustees in proceedings to recover trust assets from onshore defendants, involving multi‑jurisdictional issues
- Advising a trustee on a successful court application removing two co‑trustees following a sustained decision‑making impasse
- Acting for a professional Deputy in a statutory Will application concerning a protected party with complex cross‑border assets and competing international family interests
- Acting for a firm of solicitors in ongoing multi‑party professional negligence litigation arising from the restructuring of a high‑net‑worth individual’s asset base
- Acting for a national charity defending a litigated challenge to the testamentary capacity of the deceased and allegations of fraudulent calumny, involving significant agricultural land with development potential
- Representing minor beneficiaries (via a litigation friend) in a claim for financial provision where the children were limited to a discretionary interest under their late father’s Will
- Advising a high‑net‑worth individual in a successful claim establishing that his mother and step‑father had executed binding mutual Wills, preventing the survivor from altering testamentary arrangements
- Acting for the executor of an estate in a successful High Court Part 8 application permitting distribution of the estate despite the intimation of a validity challenge that was never pursued
- Advising remaindermen beneficiaries of a substantial Will trust in a breach of trust claim concerning alleged mismanagement of property and investment assets
- Acting in a professional liability claim brought by a family against their accountants and financial advisers relating to allegedly negligent tax advice on the establishment of an Employee Benefit Trust
- Representing a proposed independent deputy in Court of Protection proceedings concerning the validity of a Lasting Power of Attorney.
"Joe Kelley stands out. Joe is a very approachable lawyer - exceptional quality, modern approach and second to none work ethic."
Chambers and Partners High Net Worth 2026
"Joe is smart, responsive and all over the detail. He is also a tough opponent."
Chambers and Partners High Net Worth 2026
"Joe Kelley is very technically accomplished but also strong and pragmatic in his approach to things."
Legal 500 UK 2025
"Joe is a star now but you know he is only going to continue to rise and shine brighter in the future. He is my go-to lawyer in this practice area."
Legal 500 UK 2025
"Joe Kelley really stands out. He combines technical expertise, empathy and practical experience."
Legal 500 UK 2025
"Joe Kelley is a truly excellent technician and first-class lawyer. He is a cut above when it comes to this work. His attention to detail is brilliant, and he knows his stuff."
Chambers and Partners High Net Worth 2025
"Joe Kelley is an outstanding lawyer. His understanding of the law is outstanding, as is his ability to think tactically about the best ways to achieve high-quality results for his clients."
Chambers and Partners High Net Worth 2025
"Joe Kelley is calm, measured and unflappable."
Chambers and Partners 2022
"Joe Kelley is both very thoughtful and responsive. He is great with clients but also has great tactical nous".
Legal 500 UK 2022
"Joe Kelley is extremely bright and switched on, legally very knowledgeable, immensely impressive grasp of detail and ability to think through every possible implication at every stage of the case. A client could not be in safer hands. Very approachable and will often answer communications outside standard business hours."
Legal 500 UK 2022
"Joe Kelley is hardworking, practical and calm".
Legal 500 UK 2022
"A very shrewd litigator".
Chambers and Partners 2021
