International Trust Disputes

Neuausgabe 2012
ISBN: 978-0-19-959470-2
Verlag: OXFORD UNIV PR

Buch, Englisch, 544 Seiten, Format (B × H): 176 mm x 252 mm, Gewicht: 1164 g

Provides a definitive guide to the issues surrounding disputes involving trusts and offers advice on key procedural issues such as directions, injunctions, and costs
Combines a thorough treatment of the principles raised in trust disputes with an examination of issues specific to the leading trust jurisdictions
Written and edited by a team of leading specialists in the UK and key trust jurisdictions ensuring unrivalled practical insight
Covers important jurisdictions including Jersey, Guernsey, Isle of Man, Cayman Islands, and Switzerland

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.

Zielgruppe

Primary: Solicitors, barristers, and judges working in the area of trust law (both in the UK and internationally and both in private practice and in-house at trust companies, banks and accountancy firms). Trust managers, advisers and senior personnel in international trust companies, banks, and accountancy firms. Members of ACTAPS (Association of Contentious Trust and Probate Specialists). Secondary: Students undertaking courses in trust law, particularly at the post-graduate and professional level (such as the STEP Foundation and Diploma in International Trust Management); academics.

Autoren/Hrsg.

Collins, Sara

Kempster, Steven

McMillan, Morven

Meek, Alison

Fachgebiete

• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Zivilprozess- und Schiedsverfahrensrecht
• Rechtswissenschaften Internationales Recht und Europarecht Internationales Recht Internationales Handels-, Wirtschafts- und Gesellschaftsrecht

Inhaltsverzeichnis

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

Über Autor(innen)

Meek, Alison
Alison Meek is a partner at Harcus Sinclair. 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).

Collins, Sara
Sara Collins was formerly a partner and Head of Trust & Private Client in the Cayman Islands office of Conyers Dill & Pearman. Sara has published regularly and is the Cayman Islands correspondent for Trusts & Trustees.

Kempster, Steven
Steven Kempster is a partner and head of the Trusts and Estates Disputes group at Taylor Wessing (London). 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).

McMillan, Morven
Morven McMillan is Partner and Head of Trusts Cayman Islands, Mourant Ozannes. 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.

Edited by Sara Collins, Former Partner, Conyers, Dill & Pearman, Steven Kempster, Partner, Taylor Wessing LLP, Morven McMillan, Partner and Head of Trusts, Cayman Islands, Mourant Ozannes, and Alison Meek, Partner, Harcus Sinclair

Sara Collins was formerly a partner and Head of Trust & Private Client in the Cayman Islands office of Conyers Dill & Pearman. Sara has published regularly and is the Cayman Islands correspondent for Trusts & Trustees.

Steven Kempster is a partner and head of the Trusts and Estates Disputes group at Taylor Wessing (London). 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 Partner and Head of Trusts Cayman Islands, Mourant Ozannes. 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 Harcus Sinclair. 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).

Contributors:
Francis Barlow QC, Ten Old Square
Paul Buckle, Carey Olsen
Seth Caine, Cains
Adam Carvalho, Farrer & Co
Adam Cloherty, XXIV Old Buildings
Sara Collins, Conyers Dill & Pearman
Geoffrey Cone, Cone Marshall
James Corbett QC, Kobre & Kim
Owen Curry, XXIV Old Buildings
Richard Dew, Ten Old Square
Nicola Evans, Bircham Dyson Bell
Dawn Goodman, Withers Worldwide
Toby Graham, Farrer & Co
Sofie Hoffman, Boodle Hatfield
Arabella di Iorio, Maples and Calder
Steven Kempster, Taylor Wessing
Jeremy Kosky, Clifford Chance
Kerry Lawrence, Ogier
Charles Lloyd, Macfarlanes
Morven McMillan, Mourant Ozannes
Susannah Meadway, Ten Old Square
Alison Meek, Harcus Sinclair
Brigit Morrison, Conyers Dill & Pearman
Delphine Pannatier Kessler, Bär & Karrer
Penelope Reed QC, 5 Stone Buildings
Beverly-Ann Rogers, Serle Court
Andrew De La Rosa, 5 Stone Buildings; ICT Chambers (Cayman Islands)
Nigel Sanders, Ogier
Carlos de Serpa Pimentel, Conyers Dill & Pearman
Charles Simpson, Triay & Triay
Paul Smith, Conyers Dill & Pearman
Simon Taube QC, Ten Old Square
Charlie Tee, Withers Worldwide
Rupert Ticehurst, Berwin Leighton Paisner
Nedim Peter Vogt, Bär & Karrer
Shân Warnock-Smith QC, 5 Stone Buildings; ICT Chambers (Cayman Islands)
Elizabeth Weaver, XXIV Old Buildings
Stefan Wenaweser, Marxer & Partner