Trust & estate disputes
Our specialist Trust and Estates disputes team is recognised as offering a wealth of expertise in dealing with domestic and international trust and estate disputes. We have extensive experience in proceedings in most major offshore jurisdictions.
We often work closely with colleagues in the firm's family team in advising trustees caught up in English divorce proceedings where there are substantial assets held in trust. We regularly advise and represent executors or beneficiaries involved in contentious estate matters often with an international element.
We are also regularly asked by our non-contentious private client colleagues to "stress test" proposed new structures for clients against possible future attacks.
Our clients are typically blue-chip international financial institutions, professional trustees, individuals, executors and national charities. Our primary focus is to resolve disputes as quickly and effectively as possible by means of alternative dispute resolution and if necessary through the Courts.
Experience
Trust variation - Cayman
Acting for trustees in Cayman in relation to the variation of substantial trusts ($600m) and the determination of administration matters in relation to those trusts. This continuing matter involves liaison with lawyers from many jurisdictions including US tax Counsel, UK leading Counsel and those acting for beneficiaries in difficult family circumstances, all with complex tax issues.
Employee benefit trust
A £40m tax appeal case to the Special Commissioners. The claim relates to the taxation of payments made to employees through the mechanism of a restricted share scheme via an employee benefit trust.
Jersey trust
Diverse and complex issues arising in connection with a £100 million trust, the subject of Jersey litigation relating to a £10 million shareholding in a Jersey resident company holding a portfolio of UK properties.
Family trust
Acting for a client in their capacity as former trustees of a family trust holding a substantial shareholding in a well known liquor producing company, in connection with a dispute between certain children of the trust’s settlor and their mother, and former and current trustees.
Pension plan trustees
Acting for a client in connection with a claim made by the Bank of Montreal for rectification of one of the Bank’s pension plan rules and for a declaration in relation to another rule.