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Controversies

We advise settlors, beneficiaries, protectors and trustees about their rights and duties under a trust. When controversies arise, we aim to find a practical solution which achieves the client’s stated objectives without resulting in lengthy and expensive litigation. In the minority of cases in which litigation is the most appropriate course of action, or where our client is defending a claim, we work with a team of litigators who are experts in this very specialized field. We are also able to co-ordinate multi-jurisdictional proceedings.

Trust litigation often involves issues of taxation, for example a breach of trust by a trustee who failed to act in a way likely to achieve tax-optimization for a beneficiary, who as a result suffered a loss. We provide preliminary advice, formal legal opinions and ongoing representation including negotiating with other parties in respect of such matters, as well as practical advice on how to minimize risk both in specific cases and in general. We provide the same service in respect of non-tax based breach of trust claims, as well as solutions to minimize exposure.

We also advise on the possibility of incurring criminal liability as a result of actions undertaken in the administration or other involvement with a trust, for example money laundering or assistance in fraud or other criminal activity, and the risk of arrest and extradition. We work with criminal lawyers in various jurisdictions to provide co-ordinated advice and representation, including as to conflicts of law and multi-jurisdictional enforcement.