Trust Disputes

Our cross-departmental team covers all aspects of trust disputes

We act for offshore and onshore fiduciaries (both individuals and institutional), intermediaries, family offices and high net worth families and individuals.

The team brings together the expertise of trusts, tax and private wealth lawyers with highly experienced litigators.

We work with trustees based in (and beneficiaries with structures in) many jurisdictions including the UK, Jersey, Guernsey, British Virgin Islands and Cayman Islands.

Areas of work

• Disputes concerning the validity of trusts, including allegations of mistake, sham or lack of capacity.
• Disputes relating to the administration of trust assets.
• Disputes between trustees/beneficiaries and third parties.
• Trustee removal claims including allegations of breach of trust.
• Applications to vary the terms of a trust.
• Applications for directions or blessings.
• Issues concerning the disclosure of trust documents.

Recent experience

Acting for trustees in bringing a significant seven figure claim against former advisers in connection with UK tax advice and negligent drafting.

Acting for a UK domiciled client and trust beneficiary, defending a multi-million dollar tracing claim brought by a third party based in Kazakhstan against the trust assets. The case spanned multiple jurisdictions including Kazakhstan, Switzerland, Liechtenstein, Cyprus, Jersey and the Isle of Man, and involved working closely with local lawyers in various countries.

Applying for a deed to be set aside on the basis of a causative mistake.

Acting for the litigation friend of a minor in a substantial dispute over the estate of the minor’s late father. The dispute spans multiple jurisdictions including Belgium, the BVI and Switzerland and involves complex conflict of law issues.

Providing expert evidence as to UK tax in connection with a Jersey court Hastings Bass application.

Acting for trustees in connection with a beneficiary’s UK divorce proceedings including advising as to disclosure and whether the settlement could be nuptial.

Defending a trustee in a multi-million dollar cross-border dispute over alleged unlawful transfers of shares from the trust fund.

Investigating and removing an investment manager on behalf of a hedge fund following breaches of fiduciary duty.

Assisting trustees with a non-court resolution of potential trustee conflicts of interests including agreeing a multi-trust conflicts of interest policy.

Acting for the beneficiary of a Jersey trust in a professional negligence and breach of trust claim against a trustee for the almost total loss of the trust fund.

Acting for a Liechtenstein foundation in a dispute with the settlor’s wife over an interest in a substantial property in London held through an offshore company.