International Trust Disputes

Subjects:

Equity and Trusts

Contents:

Part 1 General Practice and Procedure

Section A Jurisdiction

1: James Corbett QC: Jurisdiction and Cross Border Issues

Section B External Disputes

2: Alison Meek: Matrimonial Disputes

3: Andrew De La Rosa: Succession and Forced Heirship Disputes

4: Jeremy Kosky: Sham Trusts and Reserved Powers

5: Adam Cloherty, Owen Curry: Asset Protection and Insolvency

6: Sofie Hoffman: Dishonest Assistance

Section C: Internal Disputes

7: Charles Lloyd: Internal Disputes

8: Susannah Meadway: Breach of Trust Claims

9: Shân Warnock-Smith QC: No-contest clauses

10: Simon Taube QC: Mistake, Rectification and Hastings-Bass

11: Dawn Goodman, Charlie Tee: Setting Aside Trusts, Undue Influence and Capacity

12: Rupert Ticehurst: Retirement, Replacement and Removal of Trustees

13: Steven Kempster: Rights to Information

Section D: Procedure

14: Elizabeth Weaver: Directions and Beddoe Applications

15: Richard Dew: Injunctions

16: Francis Barlow QC: Representation of Parties

17: Nicola Evans: Representation of Parties

18: Beverly-Ann Rogers: Alternative Dispute Resolution

19: Morven McMillan: Variation and Compromise

20: Penelope Reed QC: Appeals

21: Toby Graham, Adam Carvalho: Costs

Part 2: Jurisdictions

22: Paul Smith, Brigit Morrison: Bermuda

23: Arabella di Iorio: The British Virgin Islands

24: Sara Collins, Carlos de Serpa Pimentel: Cayman Islands

25: Charles Simpson: Gibraltar

26: Paul Buckle: Guernsey

27: Seth Caine: Isle of Man

28: Kerry Lawrence, Nigel Sanders: Jersey

29: Stefan Wenaweser: Liechtenstein

30: Geoffrey Cone: New Zealand

31: Nedim Peter Vogt, Delphine Pannatier Kessler: Switzerland

Bibliography

Index

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The number of disputes involving trusts has risen significantly in recent years.

Many disputes take place in the international environment and cross-border jurisdictional issues may arise. These disputes often involve large sums of money, impacting significantly on family relations. The handling of such disputes requires specialist skills and knowledge, including an understanding of how and why private trusts are established and administered and the problems that can arise; an awareness of the cross-jurisdictional issues that may be relevant; and the ability to identify practical legal solutions to the dispute that are compliant with trust principles.

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.