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International Trust Disputes, 2nd Edition

International Trust Disputes, 2nd Edition

Author: Sara Collins; Steven Kempster; Morven McMillan; Alison Meek
Publisher: Oxford University Press
ISBN: 9780198832737
Published In: February 2020
Format: Hardback
Jurisdiction: International ? Disclaimer:
Countri(es) stated herein are used as reference only

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The new edition of this leading work continues to provide full analysis of the legal and practical aspects arising in trusts disputes, with attention to jurisdiction-specific issues covering ten of the most relevant territories.

Since the last edition the law has developed at a fast pace and trust disputes continue to increase as international trusts reach the second, third and sometimes fourth generation of beneficiary. In particular, there have been changes made to the law of succession in England and Wales (Intestacy Rules 2014) and case law such as Ilott v The Blue Cross [2017] which consider the implications for family provision under the Inheritance (Provision for Family and Dependants) Act 1975. Developments relating to the position of trusts in matrimonial disputes are analysed and the issues for trust disputes and rights to information under The Data Protection Act (Dawson Damer v Taylor Wessing [2017]) are also included. Other important case law which is now considered include Pitt v Holt, re Futter [2013] and the development of the law of mistake thereafter, and the Pugachev litigation on sham trusts.

A new chapter is included on the law in the Bahamas reflecting the importance of the jurisdiction to current international trusts disputes.

International Trust Disputes provides a comprehensive and thorough treatment of this topic. Acting as a specialist guide for practitioners, it offers a survey of the special considerations that may arise with regard to trust disputes as well as a definitive guide to the issues which may be encountered in the jurisdictions where disputes are most likely to take place.
Part I General Practice and Procedure
Section A: Jurisdiction
1: English Trust Law Principles, Michael Ashdown
Section B: External Disputes
2: Matrimonial Disputes, Alison Meek
3: Succession and Forced Heirship Disputes, Andrew De La Rosa
4: Sham Trusts and Reserved Powers, Jeremy Kosky, Maxine Mossman and Nicole Buncher
5: Asset Protection and Insolvency, Jonathan Hilliard QC and Jack Watson
6: Dishonest Assistance, Sofie Hoffman
Section C: Internal Disputes
7: Breach of Trust Claims, Susannah Meadway
8: No-Contest Clauses, Shan Warnock-Smith QC
9: Mistake, Rectification, and Hastings-Bass, Simon Taube QC
10: Setting aside Trusts, Undue Influence, and Capacity, Emily Exton and Roberta Harvey
11: Retirement, Replacement, and Removal of Trustees, Giles Richardson
12: Rights to Information, Steven Kempster
13: Directions and Beddoe Applications, Elizabeth Weaver
Section D: Procedure
14: Injunctions, Richard Dew
15: Representation of Parties, Andrea Zavos and Mark Lindley
16: Involvement of Charitable Interests, Nicola Evans
17: Alternative Dispute Resolution, Beverly-Ann Rogers
18: Variation and Compromise, Anthony Poulton
19: Appeals, Tracey Angus QC
20: Costs, Joanna Poole and Joseph de Lacey
Part II: Jurisdictions
21: Bermuda, Anna Bruce-Smith and Ben Adamson
22: British Virgin Islands, Arabella Di Iorio
23: Cayman Islands, Morven McMillan
24: Gibraltar, Charles Simpson
25: Guernsey, Elaine Gray and Karen Le Cras
26: Isle of Man, John Rimmer
27: Jersey, Nigel Sanders
28: Liechtenstein, Dr. Stefan Wenaweser
29: New Zealand, Andrew Butler and Nat Walker
30: Switzerland, Tina Wüstemann and Marco Frigg
Edited by Sara Collins, Former Partner, Conyers, Dill & Pearman, Steven Kempster, Partner, Taylor Wessing LLP, Morven McMillan, Partner and Head of Trusts, Cayman Islands, Mourant Ozannes, and Alison Meek, Partner, Harcus Sinclair

Sara Collins was formerly a partner and Head of Trust & Private Client in the Cayman Islands office of Conyers Dill & Pearman. Sara has published regularly and is the Cayman Islands correspondent for Trusts & Trustees.

Steven Kempster is a partner and head of the Trusts and Estates Disputes group at Taylor Wessing (London). He specialises in the resolution of disputes relating to the formation or administration of trusts and estates in England and in the offshore jurisdictions. He is a registered member of the Association of Contentious Trust and Probate Specialists (ACTAPS).

Morven McMillan is Partner and Head of Trusts Cayman Islands, Mourant Ozannes. She is a specialist in the field of contentious trusts disputes and also has considerable experience in non-contentious work. She is regularly involved in disputes relating to trusts, wills and inheritance. Morven is a member of the Society of Trust & Estate Practitioners (STEP), and of the Association of Contentious Trust and Probate Specialists (ACTAPS), and speaks regularly at international conferences.

Alison Meek is a partner at Harcus Sinclair. She specializes in contentious trust and estate work for both onshore and offshore clients. She is a founder member of the Association of Contentious Trust and Probate Specialists (ACTAPS).

Contributors:

Francis Barlow QC, Ten Old Square
Paul Buckle, AO Hall
Seth Caine, Cains
Adam Carvalho, Farrer & Co
Adam Cloherty, XXIV Old Buildings
Sara Collins, Formerly Conyers Dill & Pearman
Geoffrey Cone, Cone Marshall
James Corbett QC, Kobre & Kim
Owen Curry, XXIV Old Buildings
Richard Dew, Ten Old Square
Nicola Evans, Bircham Dyson Bell
Dawn Goodman, Withers Worldwide
Toby Graham, Farrer & Co
Sofie Hoffman, Boodle Hatfield
Arabella di Iorio, Maples and Calder
Steven Kempster, Taylor Wessing
Jeremy Kosky, Clifford Chance
Kerry Lawrence, Ogier
Charles Lloyd, Macfarlanes
Morven McMillan, Mourant Ozannes
Susannah Meadway, Ten Old Square
Alison Meek, Harcus Sinclair
Brigit Morrison, Conyers Dill & Pearman
Delphine Pannatier Kessler, Bär & Karrer
Penelope Reed QC, 5 Stone Buildings
Beverly-Ann Rogers, Serle Court
Andrew De La Rosa, 5 Stone Buildings; ICT Chambers (Cayman Islands)
Nigel Sanders, Ogier
Carlos de Serpa Pimentel, Appleby
Charles Simpson, Triay & Triay
Paul Smith, Conyers Dill & Pearman
Simon Taube QC, Ten Old Square
Charlie Tee, Withers Worldwide
Rupert Ticehurst, Berwin Leighton Paisner
Nedim Peter Vogt, Bär & Karrer
Shân Warnock-Smith QC, 5 Stone Buildings; ICT Chambers (Cayman Islands)
Elizabeth Weaver, XXIV Old Buildings
Stefan Wenaweser, Marxer & Partner
"We've no doubt that if you're a practitioner involved in any way with trusts, you'll find this book indispensible in enhancing your understanding of this continuously expanding area of law." - Phillip Taylor MBE and Elizabeth Taylor, Richmond Green Chambers