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9780198832737

International Trust Disputes

by ; ;
  • ISBN13:

    9780198832737

  • ISBN10:

    0198832737

  • Edition: 2nd
  • Format: Hardcover
  • Copyright: 2020-05-11
  • Publisher: Oxford University Press

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Summary

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.

Author Biography


Steven Kempster, Partner, Withers,Morven McMillan, Partner, Maples Group,Alison Meek, Partner, Sinclair Gibson

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. 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 W?stemann and Marco Frigg

Supplemental Materials

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The New copy of this book will include any supplemental materials advertised. Please check the title of the book to determine if it should include any access cards, study guides, lab manuals, CDs, etc.

The Used, Rental and eBook copies of this book are not guaranteed to include any supplemental materials. Typically, only the book itself is included. This is true even if the title states it includes any access cards, study guides, lab manuals, CDs, etc.

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