David Isbister  TEP, CILEX Lawyer and CILEX Probate Practitioner, SFE and CMC Registered Mediator

Membership Status: Mediator

General Information

Covid-19

Profile:

David Isbister is a Lawyer, TEP and Elite Mediator with over 18 years’ PQE. He has been appointed as Mediator in over 200 Mediations and is ranked 4th in Clerksroom's panel of over 500 mediators.

He is head of Wills and Inheritance (WIQS) in a City of London firm of Solicitors, and is appointed as Professional Executor and Trustee by his clients.

David has been appointed as Mediator in a large number of Contentious Probate and Trust, Claims against Estates and TOLATA disputes, and his knowledge and expertise in these areas helps to put the clients at ease and assist them to understand the more technical aspects that can arise. He receives excellent praise and feedback following his mediations.

David has also been appointed by the Chartered Institute of Legal Executives as its Legal Adviser on Wills. He was invited to attend the Ministry of Justice, and join the Law Commissions' Advisory Group in relation to the Law Commission's proposed reforms on the Law of Wills.

He also represents CILEx on the CJC Judicial Committee on ADR.

Outside of work, David enjoys spending time with his family and pet dogs, and when he can find the time, clay pigeon shooting. More recently David was honoured to judge the dog agility over three days in the main ring at crufts 2020. 

David is happy to mediate anywhere in England and Wales, simply ask the mediation team to include David Isbister as part of the selection process. 

Areas of Expertise:

Mediation and Professional Feedback:

Propounding missing Will and Proprietary Estoppel

“David was fantastic from start to finish. Brilliant communications with the client and explained the process with ease. A very reasonable approach to resolving the issues between the parties. If you are looking for a mediator, I could not recommend David enough!” 

Challenge to the validity of a Will - Capacity & Fraudulent Calumny

;From my initial contact with the clerks and throughout the process, my queries via email were always responded to promptly and helpfully. Having a conversation with Mr Isbister about the process, together with the guidance documents provided, reduced the stress in approaching the mediation. Mr Isbister carried out his role in a personal and professional manner. This mediation enabled the threat to be removed with honour and integrity and I would highly recommend this mediator and the process.' LiP

1975 Act Claim - Spouse

'I cannot speak highly enough on how David made me feel comfortable in what was a very upsetting and stressful situation. He gave me many opportunities to discuss my concerns / queries and I never felt that I was being rushed. His explanation on terms that covered areas such as tax were put forward with clarity and in a language that I would understand! Would not hesitate to recommend or use him again.' LiP

Probate Dispute (Capacity & Undue Influence)

'He is just one of the most experienced and naturally able mediators and it helps that he is particularly knowledgeable in the area of contentious probate disputes.' Claimant's Solicitor 

Probate Dispute (Capacity) & 1975 Act Claim

'David was very good, particularly when some new information appeared at the mediation. This was a complicated case that was too small to justify the costs that should have been spent to get a result at trial. Between us (mediator and both sets of lawyers), we saved the parties from themselves. My impression is that each side was equally disappointed, which is almost the definition of a good settlement.' Claimant's Solicitor

Trust Dispute

'I have never been in a situation such as this before but I found David to be very professional and knowledgeable and he put me at ease in what could have been a very stressful experience. I would highly recommend him. Thank you David.' Defendant

TOLATA/Constructive trust

'extremely impressed with David. Very helpful, understanding and very suited to be a mediator'. Defendant's Solicitor

TOLATA/Breach of Trust - Virtual mediation using Zoom

'I was impressed with David. He has a way of making people feel at ease which goes a long way in a mediation and he grasped the issues quickly.' Claimant's Solicitor

TOLATA - Online mediation using Zoom

'David was well-prepared, focused & efficient and made a significant contribution to resolving a dispute which had seemed intractable for over 11 years.' Defendant

TOLATA (Claim for declaration of beneficial interests jointly owned property/occupational rent/equitable accounting & order for sale)

"David is a skilled and well accomplished mediator. Cannot recommend enough" Claimant's Solicitor

1975 Act Claim - Cohabitee

"Excellent Mediator who clearly explained the mediation process to my client and made her feel more at ease. This was a very difficult mediation and David had to discuss some very emotional issues with my client but he did so in a sensitive way whilst also emphasizing the other side's point of view. David clearly explained the risks of taking the matter to court and encouraged the parties to settle on the day which they did. I would highly recommend David as a mediator and even my client commentated on what a good job he did!" Clamant's solicitor

1975 Act Claim - Claim by Adult child

"Very well prepared, great grasp of the issues, personalities and dynamics and a settlement achieved.' Partner, Defendant's Solicitors

1975 Act Claim - person being maintained by the deceased

'I was very impressed with David Isbister's service - he came across as well informed, efficient and had a calm manner which was reassuring for my client, who was particularly anxious.' Partner Claimant's Solicitors

TOLATA (Claim for an enhanced beneficial interest by beneficiary of one joint openers of a property)

 'Both the mediator and the observer were very professional. David's calm and friendly approach made my client feel more at ease when mediation can be a very stressful experience for clients. David took time to clearly explain the mediation process and to stress the negative consequence of litigation proceedings if the matter did not settle at mediation. Most importantly the parties reached an agreement and my client was very pleased with the result.'

Dispute between siblings followng parent's death

'Very efficient and personable and professional, kept us informed throughout the mediation went very smoothly'

TOLATA & Sch 1 Childrens Act 1989

'The mediation was unsuccessful however David Isbister worked tirelessly to try and find common ground.' Partner Claimants Solicitors

Probate (Contested and claims against an Estate)

'I have instructed David Isbister as a Mediator for a number of Contentious Probate cases over the last few months and have been extremely impressed on each occasion. His style and approach with the Clients, as well as his communication with the respective legal teams, has certainly assisted with successful resolution of the majority of the disputes.' Solicitor

Probate (Brothers in dispute over the past 22 years - numerous issues)

‘My client and I cannot thank David enough for his assistance throughout the mediation. Achieving any sort of settlement in this dispute, which has been ongoing for 20+ years, seemed like the impossible dream. However, David worked his magic and an agreement was reached which will allow my client to move on from this and, hopefully, the administration of his father's estate to be finalised some 22 years on. David was well prepared on the day and had clearly read the bundle and taken time to understand the issues at hand. I would not hesitate to use him again, and very much hope to do so in the not too distant future.’ Defendant’s Solicitor

TOLATA (Claim for an enhanced beneficial interest and occupational rent)

'He achieved what I thought would be impossible and got an agreement' Litigant in Person

Probate (1975 Act Claim by Adult Child)

"David was well organised, had a good understanding of the issues, was approachable ad dealt with lay clients well and achieved a satisfactory result. We would like to thank him for his efforts." Defendant's Solicitor

Challenge to the validity of a Will

“excellent communication skills and kept a good momentum during the mediation. Partner.

Probate (1975 Act Claim by adult child)

“David was well prepared and helpful, he gained the confidence of my client and certainly contributed to a successful outcome”. Partner acting for the Defendant.

Claims against the Estate and challenges to the validity of a Transfer and Will

"David was very 'user friendly' and encouraged the parties to put aside personal differences to the extent possible and focus on 'the long game' and the costs which would ultimately be incurred if the dispute went to litigation. David was extremely easy to work with and I would have no hesitation is using his services again". Partner acting for the Defendant.

Probate (1975 Act claim on behalf of two minor children)

"Having worked with David once before, I was optimistic that he would be the person to resolve this matter to my clients' satisfaction - I was not disappointed! Both my clients and myself were really impressed with David's mediation style - my clients particularly were grateful for the assistance he gave and for the way he explained the process to them initially. Thank you David!" Defendants' Solicitors 

Removal of Executor

"David was exemplary. His approach was absolutely objective, rigorous and adroit. His style was engaging, very attentive and human.

David enabled both parties to find a resolution that worked for both of them without any loss of dignity or respect. He made the difference in an intractable situation that would otherwise have gone back to Court and to trial. I would highly recommend him." Defendant 

Challenge to the validity of a Will

"I found David very approachable, and easy to talk to, this put me at ease from the outset, and I felt that I could discuss the dispute with him'. Participant in person.

Probate (1975 Act Claim by Adult Child)

"A very assured mediator. A very good grip of the issues was shown. I will definitely use him again." Claimant's Solicitor

Probate (1975 Act Claim by Spouse)

"David was brilliant. This was my first mediation since qualifying and he put both me and my client as ease while ensuring that the reality of the situation was at the forefront of the client's mind." Defendant's Solicitor

Breach of Trust

"I would not hesitate to book this Mediator again" Defendants Solicitor

Probate (1975 Act Claim by Minor Children/Adult children and Cohabitee)

"David was extremely focused on getting this matter resolved. He was impartial and independent of all parties and was great at moving the matter forward. We were all greatly impressed by his professionalism and ability to focus on the objectives of all parties." Solicitor for the Main Beneficiary under the Will

Probate (1975 Act Claim by Adult Children)

"I was really impressed with David's demeanour and mediation style. He made my clients feel more relaxed during what was a very stressful time and as a result they were able to focus on what they wanted to achieve rather than dwell on the emotive issues. I was delighted that the dispute was settled on the day so my clients can now begin the grieving process for their late father" - Claimants' Solicitor 

Probate/Breach of Trust Claims - (1975 Act Claim by adult children and alleged Secret Turst)

"David was patient and made the client feel that he understood what he [the client] was trying to achieve. A good outcome was secured." - Defendant's Solicitor.

Probate/1975 Act Dispute (Long term cohabitee)

"David was sensitive to the client's needs, had a good grasp of the law and the legal issues and was ultimately able to achieve a suitable settlement for all parties in good time" Claimant's Solicitor

Validity of a Will – Capacity

“David controlled the mediation very well. He managed the expectations of the parties which greatly assisted in guiding them towards a resolution. Thank you” - Claimant's Solicitor

Proprietary Estoppel

“Mr Isbister was instrumental in achieving a settlement in a case that opponents were inadvertently turning into an unnecessarily long and drawn out process.” - Claimant's legal representative

TOLATA

“David did a great job of Mediation. I will be recommending him to colleagues.” - Defendant's Solicitor

"We were extremely pleased with David Isbister's work" Litigants in person

Probate/Validity of a Will (S.9 Wills Act 1837)

“David Isbister achieved an excellent result in bringing the parties together to achieve an unexpected settlement of a painful and drawn out family dispute. My client is very happy and relieved with the result. In addition to his tremendous efforts during a long day, David made himself available to communicate helpfully with the parties' representatives before the mediation and afterwards.” - Partner Defendant's Solicitors

Probate/1975 Act Dispute

“David was excellent. He treated both participants and their representatives with utmost courtesy and respect. He was not afraid to ask hard questions, but did so in a sensitive manner and was intuitive to the strong emotions felt by all involved. An excellent mediator whom I would have no hesitation recommending to others.” - Defendant's Solicitor

Claim against an Executor

“My clients were really happy with the outcome of the Mediation” - Claimant's Solicitor

Dispute with Trustee

“David was very effective” - Defendants Barrister

Probate/1975 Act Dispute

“I got a huge amount from this observation and David is truly impressive as a mediator.” - Observer.

"David was very impressive" - Senior Partner, Claimant's Solicitor

Breach of Contract

"I would not hesitate to use David again" Partner, Defendant's Solicitor

Negligence/Malfeasance

“Very difficult to improve the service you provided.” - Litigant in person

Accreditations and Memberships:

Recent Mediations


Inheritance Claim under the 1975 Act against an estate by adult children - Settled.

Professional Negligence/Malfeasance – Settled

Breach of Contract - Settled

Commercial Dispute - Settled

Employment Dispute - Settled

Inheritance Claim under the 1975 Act by long term Unmarried Partner of the Deceased - Settled

Inheritance Act Claim under the 1975 Act by Unmarried Partner of the Deceased - Settled

Breach of Trust between family members (Probate)

Claim against Executor - Settled

Trust Dispute (Probate) - Settled

Challenge to the Validity of a Will - Settled

Inheritance Act Claim under the 1975 Act by Adult Child - Settled

Inheritance Act Claim by long term Unmarried Partner of the Deceased - Settled

Inheritance Act Claim/Estoppel Claim by long term Unmarried Partner of the Deceased - pre-action Mediation - Settled

Inheritance Act Claim by long term Unmarried Partner of the Deceased

Breach of Trust - Settled

Challenge to the Validity of a Will / Estoppel - Settled

Contentious Probate / Intestacy/ Claim for Constructive Trust and also Breach of Trust -Adjourned

Breach of Trust - Settled

Court of Protection - Settled

Contentious Probate/Promissory Estoppel

Contentious Probate (1975 Act Claim) - Settled

Contentious Probate (1975 Act Claim) - Settled

Contentious Probate (1975 Act Claim) - Agreement reached on one point

TOLATA - Settled

Contentious Probate/TOLATA

TOLATA - Settled

Contentious Probate/Breach of Contract/TOLATA - Settled

Contentious Probate/Conflict between Partnership Assets and Survivorship - Adjourned

Proprietary Estoppel - Settled

Proprietary Estoppel - Settled

Undue Influence and Capacity - Settled

Disputed Will - Settled

Will Validity - Capacity - Settled

Contentious Probate (1975 Act Claim) - Settled

TOLATA - Lifetime Gift - Settled

TOLATA - Adjourned - Settled shortly after.

Contentious Probate/TOLATA - Settled

Contentious Probate (1975 Act Claim)  - Settled

Contentious Probate (1975 Act Claim)/Propietary Estoppel - Settled

Contentious Probate & Trust (1975 Act Claim & alleged Secret Trust) - Settled

Contentious Probate (1975 Act Claim)

TOLATA - Settled

Contentious Probate (1975 Act Claim) - Settled

Contentious Probate (1975 Act Claim - minor children; adult children and cohabitee) - Settled

Breach of Trust - Settled

TOLATA - Constructive/Resulting Trust / 1975 Act Claim by Cohabitee - Settled

TOLATA - Mutual Wills/ Proprietary Estoppel/Constructive Trust/1975 Act Claim (Adult child) - settled

TOLATA/Constructive Trust - Settled

TOLATA/Equitable Claim

Will Validity - Capacity - Settled

Claims against an Estate by multiple creditors - Settled

Contentious Probate (1975 Act Claim by Spouse) - Settled

Contentious Probate (1975 Act Claim by Adult Child) - Settled

Breach of Trust/Construction of Will/ Probate Dispute - Settled

Contentious Probate - (1975 Act Claim by Adult Child) - Settled

Claims against an Estate by Family creditors - Settled

Challenge to the validity of a Will on the grounds of Capacity/Undue Influence and Fraudulent Calumny - Settled

Claim against deceased's estate by long-term cohabitee - Adjourned

Commercial Landlord & Tenant - Settled

Claim against an Estate (1975 Act) by Adult Child - Settled

Claim against the validity of a Will and to set aside Lifetime gifts (K&A and Undue influence)

Claim against the validity of a Will (K&A and Fraudulent Calumny) - Settled

Claim to remove Executor - Settled

Proprietary Estoppel/Mutual Wills Claim - Settled

Claim against an Estate (1975 Act) by Adult Child - settled

Claim against an Estate (1975 Act) by two minor children - settled

Challenge to the validity of a Will on the grounds of K&A, S9 (execution) & Capacity and a Constructive Trust claim. - Settled

Proprietary Estoppel/1975 Act Claim/Constructive Trust - Settled

Breach of Trust

Claim against Estate (1975 Act) by Adult Child - Settled

Claim against Estate (1975 Act) by Spouse - Settled

Challenge to the validity of a Will on the grounds of Capacity, K&A and Fraudulent Calumny

Multiple Claims against an Estate following possession proceedings commenced against family occupiers - settled

Claim against Estate (1975 Act) by Adult Child - Settled

Contested Probate (Challenge to the validity of a parent’s Will) - Settled

Claim against Estate (1975 Act) by Partner being maintained by deceased - Settled

Challenge to the validity of a Will (Capacity and K&A)

Challenge to the validity of a Will

Claim against Estate (Adult Child) - Settled

Claim against Estate (Adult Child) - Settled

Multiple claims against the validity of a will and Estate

Challenge to the validity of a Will - undue influence/testamentary capacity and K&A - settled

Claim against parent's estate by adult child - settled

Breach of Trust - Settled

TOLATA - Settled

Application to Remove Executor - Settled

TOLATA - Settled

1975 Act by Adult step-child  

TOLATA - Settled

Claim against Estate (Spouse) - Settled

Claim against Estate (Divorcee) - Settled

Long running (22 years) dispute between adult children of late Parents estates - Settled

Challenge to the validity of a Will - Settled

Breach of Trust - Settled

Challenge to the validity of a Will

S46 Administration issue - Settled

Claim by Spouse and minor child against. Estate - Settled

Challenge to the validity of a Will / 1975 Act Claim - Settled

TOLATA & Sch.1 Children’s Act Claims

1975 Act Claim by Spouse, S 20 Application for Rectification and Claim against Solicitors that prepared the Will and a claim in relation to a SIPP - Settled

Claims raised by sisters/executors against each other - settled

TOLATA Dispute - Settled

Multi-party proprietary estoppel and financial remedy in divorce - settled

Propietary Estoppel by Son of the Deceased - Settled

1975 Act Claim by person being maintained by the Deceased - Settled

Claim by former spouse - Settled

Claim as to validity of Will and lifetime gifts - Capacity, K&A and Undue Influence - Settled

Registered charge on deceased's estate - challenge to validity - settled

Administration of Estate - Settled

1975 Act claim by person claiming to be treated as a child of the deceased - settled

1975 Act Claim by Adult child - Settled

1975 Act Claim by Adult child - Settled

TOLATA dispute 

1975 Act / Proprietary Estoppel Dispute

TOLATA/Beneficial interests in a property - Settled

TOLATA / Beneficial interest in a property/unlawful eviction - Settled

1975 Act Claim by cohabitee - settled

TOLATA Dispute (Family members) - Settled

Challenge to the validity of last will & 1975 Act Claim by Adult Child - Settled

Mutual Wills/Proprietary Estoppel - settled

1975 Act claim by cohabitee - settled

Proprietary Estoppel - Farming dispute - settled, subject to contract

1975 Act claim by adult child - settled

Claim for beneficial interest in a property - family dispute - settled

Proprietary Estoppel - parents still alive - settled

TOLATA - claim for declaration as to beneficial interests - settled

TOLATA dispute - (Zoom mediation) - settled

1975 Act Claim by Cohabitee/dependant -  (Zoom mediation) - Settled

Claim to propound will by oral evidence - (Zoom mediation) - Settled

1975 Act Claim (Spouse) - (Zoom mediation) - Settled

1975 Act claim by Spouse (Zoom mediation) - Settled

Proprietary Estoppel (Zoom mediation) - Settled

TOLATA - (Zoom mediation) - Settled

Trust dispute - (Zoom mediation) - Settled

1975 Act Claim by Cohabitee and person being maintained by the Deceased  - Zoom mediation) - settled

Two 1975 Act Claims, one by Spouse and the other by a vulnerable adult child - (Zoom mediation) - Settled

1975 Act Claim by Adult child - (Zoom mediation) - settled

Proprietary Estoppel & 1975 Act Claim (Dependency) - (Zoom mediation) - Settled

1975 Act Claim by Widow - (Zoom mediation) - Settled

1975 Act Claim by Widow -  Settled

TOLATA Dispute - Zoom - Settled

TOLATA Dispute - Zoom - Settled

Probate Dispute - validity of Will - capacity/1975 Act Claim and Rectification - Settled

1975 Act Claim (Probate claim intimated) - Zoom - Settled

Challenge to the validity of a Will - Zoom - Settled

1975 Act Claim by Disabled adult child - Zoom - Settled

Breach of Trust (Executor)/TOLATA - Zoom - Settled

David Isbister Thumbs up rating

👍 97%

league table position 11 / 160

total mediations undertaken 313

member level Elite Mediator

David is a member of phone01823 247 247

mediation@clerksroom.com


Recent History

DateOutcome
2 February 2023Settled
31 January 2023Settled
30 January 2023Settled
19 January 2023Settled
11 January 2023Settled
8 December 2022Did Not Settle
6 December 2022Settled
5 December 2022Did Not Settle
29 November 2022Did Not Settle
18 November 2022Settled
15 November 2022Settled
9 November 2022Did Not Settle
8 November 2022Settled
4 November 2022Did Not Settle
2 November 2022Settled
26 October 2022Settled
20 October 2022Settled
17 October 2022Did Not Settle
10 October 2022Settled
6 October 2022Settled
27 September 2022Settled
26 September 2022Adjourned
20 September 2022Settled
6 September 2022Settled
17 August 2022Settled

Insurance

Insurance Provider:

Oxygen Professional Liability Insurance

Certificate Status:

Certificate on file

Expiry Date:

30 April 2023

Level of Cover:

5000000

CPD & Training

Mediation Training Provider:

London School of Mediation

Date Qualified as Mediator:

16 March 2012

Training Certificate: