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Contentious Trusts & Estates

Our dedicated contentious trusts and estates team has a wealth of experience on all aspects of trust and estate disputes, onshore and offshore.

The group has been established in a unique way, drawing on the expertise of lawyers from both the private capital and dispute resolution departments. In this way, the team brings experience, a mix of specialisms and an acute awareness of the particular issues faced by professional trustees and beneficiaries.

Allied with our general experience of trusts in a private client and litigation context, the group fields superb offshore experience. As a team, we have considerable experience of running large scale trust litigation offshore. We regularly deal with disputes in all offshore jurisdictions including: BVI, Bermuda, Cayman, Jersey, Guernsey, Switzerland, Liechtenstein, Hong Kong and Singapore. As a result the team has excellent working knowledge and experience of the offshore issues facing trustees.

We have the unique ability to offer in house Jersey law advice and to provide representation and advocacy in the Jersey courts, as one of our team is a qualified Jersey advocate. This means we can provide a seamless service in any issues concerning Jersey law.

With our overseas offices in Paris, Monaco, Dubai, Guangzhou and Singapore we are extremely well-placed to advise on trust issues where there are international and cross-jurisdictional dimensions.

We can advise you on all aspects of contentious issues which may arise in a trust context including:

  • claims by and against trustees and personal representatives, including breach of trust claims, construction of trust documentation and applications for Court guidance
  • disputes between beneficiaries
  • exercise of trustee powers
  • third party attack on trusts
  • constructive, resulting and sham trusts
  • international and cross-jurisdictional trust and succession issues, including forced heirship claims under either civil or Sharia law
  • challenges to the validity of wills, including issues of undue influence and testamentary capacity
  • international asset tracing and recovery and accessory liability risks for trustees
  • issues arising from foreign litigation, particularly divorce litigation involving beneficiaries to the trust

Recognition

Winner - Private Client Specialism of the Year - Contentious Trusts and Probate, The Legal 500 UK 2014 Awards.

Key Contact

Catharine Bell
Catharine Bell

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