International Trust Disputes

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Steven Kempster (Partner, Partner, Withers) Morven McMillan (Partner, Partner, Maples Group)

International Trust Disputes

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

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English

Oxford University Press
27 February 2020

Civil procedure, litigation & dispute resolution; Company, commercial & competition law; Equity & trusts; Trusts & estates taxation

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.

Edited by: Steven Kempster (Partner Partner Withers), Morven McMillan (Partner, Partner, Maples Group), Alison Meek (Partner, Partner, Sinclair Gibson)
Imprint: Oxford University Press
Country of Publication: United Kingdom
Edition: 2nd Revised edition
Dimensions: Height: 251mm, Width: 177mm, Spine: 39mm
Weight: 1.268kg
ISBN: 9780198832737
ISBN 10: 0198832737
Pages: 656
Publication Date: 27 February 2020
Audience: Professional and scholarly , Undergraduate
Format: Hardback
Publisher's Status: Active

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

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).