International Trust Disputes
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. 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.
1135800619
International Trust Disputes
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. 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.
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International Trust Disputes

International Trust Disputes

International Trust Disputes
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International Trust Disputes

International Trust Disputes

Overview

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. 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.

Product Details

ISBN-13: 9780192569073
Publisher: OUP Oxford
Publication date: 02/13/2020
Sold by: Barnes & Noble
Format: eBook
Pages: 640
File size: 1 MB

About the Author

Steven Kempster is a partner in the trust and succession disputes team at Withers. 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 a partner and head of the Trusts & Private Client team at the Maples Group in the Cayman Islands. 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 Sinclair Gibson. 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).

Table of Contents

  • Part I General Practice and Procedure
  • Section A: Jurisdiction
  • 1: Michael Ashdown: English Trust Law Principles
  • Section B: External Disputes
  • 2: Alison Meek: Matrimonial Disputes
  • 3: Andrew De La Rosa: Succession and Forced Heirship Disputes
  • 4: Jeremy Kosky, Maxine Mossman and Nicole Buncher: Sham Trusts and Reserved Powers
  • 5: Jonathan Hilliard QC and Jack Watson: Asset Protection and Insolvency
  • 6: Sofie Hoffman: Dishonest Assistance
  • Section C: Internal Disputes
  • 7: Susannah Meadway: Breach of Trust Claims
  • 8: Shan Warnock-Smith QC: No-Contest Clauses
  • 9: Simon Taube QC: Mistake, Rectification, and Hastings-Bass
  • 10: Emily Exton and Roberta Harvey: Setting aside Trusts, Undue Influence, and Capacity
  • 11: Giles Richardson: Retirement, Replacement, and Removal of Trustees
  • 12: Steven Kempster: Rights to Information
  • 13: Elizabeth Weaver: Directions and Beddoe Applications
  • Section D: Procedure
  • 14: Richard Dew: Injunctions
  • 15: Andrea Zavos and Mark Lindley: Representation of Parties
  • 16: Nicola Evans: Involvement of Charitable Interests
  • 17: Beverly-Ann Rogers: Alternative Dispute Resolution
  • 18: Anthony Poulton: Variation and Compromise
  • 19: Tracey Angus QC: Appeals
  • 20: Joanna Poole and Joseph de Lacey: Costs
  • Part II: Jurisdictions
  • 21: Anna Bruce-Smith and Ben Adamson: Bermuda
  • 22: Arabella Di Iorio: British Virgin Islands
  • 23: Morven McMillan: Cayman Islands
  • 24: Charles Simpson: Gibraltar
  • 25: Elaine Gray and Karen Le Cras: Guernsey
  • 26: John Rimmer: Isle of Man
  • 27: Nigel Sanders: Jersey
  • 28: Dr. Stefan Wenaweser: Liechtenstein
  • 29: Andrew Butler and Nat Walker: New Zealand
  • 30: Tina Wüstemann and Marco Frigg: Switzerland
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