Dawn is senior counsel in the trust, estate and inheritance disputes team.
Hailed as the doyenne of trust litigation, Dawn has specialised in this field for over 30 years. She was the first litigator admitted to the Society of Trust and Estate Practitioners (and was voted Trusted Adviser of the Year in 2013) and is a founding member of the Association of Contentious Trust and Probate Specialists. Previously a divorce lawyer, Dawn also specialises in the impact of divorce on trusts, such as in Charman v Charman (England, Bermuda) and is co-author and co-editor of International Trust and Divorce Litigation, 3rd Edition (Lexis Nexis).Dawn's cases include probate disputes, claims for discretionary relief under the Inheritance (Provision for Family and Dependants) Act and acting in a variety of disputes as to how and by whom an estate should be administered.
She has been involved in numerous international cases where the laws on succession differ from one country or system of law to another, including conflicts between Koranic or Civil law and Common Law. Such disputes often arise over trusts, sometimes created with the intention of defeating entrenched inheritance rights under the law of the settlor's nationality, residence or faith.
She also advises and litigates for beneficiaries, trustees, protectors, Family Offices and adverse claimants in connection with a wide range of problems/ claims affecting trusts. Examples include claims relating to the interpretation and/or management of trusts, allegations of breach of trust and fiduciary duty, fraud, insolvency or removal of trustees and protectors.
Dawn is a CEDR accredited mediator (Centre for Effective Dispute Resolution) and is on the ACTAPS (Association of Contentious Trust and Probate Specialists) panel of mediators. She has represented trustees, executors, beneficiaries and heirs in mediations to resolve probate and estate administration disputes, international succession claims and a wide variety of English and international trust disputes. Dawn has also experienced being a party to a mediation herself.
Dawn's career in trust and succession disputes, trusts and divorce (she used to be a divorce lawyer), acting as a fiduciary and advising family offices and UHNW families has given her insight into the practical as well as legal issues which can arise when she is acting as mediator. Most importantly, she has had considerable experience of working alongside clients in their grief, anger and the hurt that often accompanies such disputes. Her aim is to bring two essential qualities to a mediation: empathy and support for all the parties at a particularly difficult time and an ability to inspire ideas outside the box. Combined, they can unlock these highly- charged disputes and enable the parties to move on with their lives.
One of her specialisms is helping create more robust structures to better withstand attack, whether on family breakdown or – increasingly– from states or governmental bodies in an environment where political risk concerns have rarely run so high. Having attacked or defended many asset holding structures she is able to advise on creating or reconfiguring into structures better able to withstand attack. She also advises how best to manage such structures to reduce risk and preserve family assets.
Dawn, who is admitted and practising in England & Wales, is also admitted to the Paris Bar as Consultante Juridique Etrangere and admitted (but not practising) in the British Virgin Islands and in Eire.
She is recognised across legal directories for her expertise, ranked as a senior statesperson for private wealth disputes in Chambers HNW and listed in the Hall of Fame for contentious trust and successions disputes in Legal 500.
Recent recognition
Me in a minute
I wished to become an opera singer.
The reluctant litigator.
One miserable day longer ago than I care to remember I attended an interview with the Law Society who were to decide whether, as one of the youngest students and in a minority of 10:1 men to women at law school I was a fit and proper person to be admitted to the profession.
Uninspired by the inevitable ‘ Why do you want to become a solicitor?’ I replied that I didn’t: I wished to become an opera singer. Shocked, the interview panel searched for an explanation for my presence there, eventually lighting on my engagement ring and enquiring, ‘ Your fiancé- he is a lawyer?’
‘No. He’s a conductor!’
After this inauspicious start I decided that perhaps it was worth trying and found that I took to the law. Having begun my career in a country practice as a commercial litigator and divorce lawyer (sometimes known as Surrey’s Iron Lady) I was fortunate enough to join Withers and to set up and develop the Contentious Trust and Succession Team, now called the Trust, estate and inheritance disputes team.
At Withers life has rarely been dull: some cases resemble an opera libretto or a Greek tragedy. Withers is all about people: how they live, marry, look after their children, buy property, migrate, create and run businesses, set up charities, interact with each other and need help when that interaction breaks down. The work is intense and demanding but fascinating: complex legal issues often crossing cultures and borders; difficult family or business relationships giving rise to dispute and the rigour of the justice system (or several concurrently in a multi- jurisdiction dispute).
In recent years I have taken on fiduciary appointments, enabling me to see life as a charity trustee or director of a private trust company from those very different and instructive angles. I also advise on risk reduction and mitigation for trustees and other fiduciaries, using my experience of what goes wrong to help avoid it. Stress testing is another example of a poacher turned game keeper: having had a reputation as a trust buster it is not difficult to see the fault lines in a proposed or existing structure and advise on how to strengthen it.
Outside Withers I spend most of my time with my family doing almost anything creative or artistic, particularly renovating ruined properties.
Occasionally, I still sing.
Track record
Beneficiaries advice
Dawn acted with Sarah Aughwane in the trustee accounting case of Henchley v Thompson [ 2017] EWHC 225 (Ch), advising successful beneficiaries in their claim against the trustee of a family trust for an account dating back over 40 years.
Recovery of misappropriated art
In the New York case of Naxos Art Inc v Zoullas No 16 Civ 7269 (JFK) (S.D.N.Y. Jul 7, 2017), Dawn advised a trust company while Dean Nicyper and Peter Wood acted in the recovery of misappropriated art worth millions of dollars from a custodian.
Removal of protector
In the matter of the K Trust, Guernsey Judgment 31/2015, Dawn worked alongside Guernsey advocates and Counsel to advise 11 of 14 adult beneficiaries on an application - the first in Guernsey - seeking removal of a protector whose approach was no longer considered to be in the best interests of the beneficiaries. The Royal Court established the test in Guernsey for removal of protectors and dealt with incidental issues, such as specific indemnities, to which it considered the protector was not entitled in the absence of indemnity provisions in the trust deed.
Disclosure of information against beneficiaries
In the matter of the R and RA Trusts (Guernsey C.A.) [470/2014] Dawn and Sarah Aughwane worked alongside Guernsey advocates advising beneficiaries who were the subject of an innovative application by trustees for disclosure of information against the beneficiaries in the context of an application to the Court by the trustees for the blessing of a trustee decision.
Forced heirship
In Durham v Lambton & Others [2013] EWHC 3566 (Ch), Dawn acted for the Earl in proceedings before the English courts in which those claiming pursuant to Italian forced heirship rules fought to stay the proceedings on the basis of forum non conveniens in favour of the Italian Courts.
Trust protectors' duties
Dawn and Sarah Aughwane worked alongside Jersey advocates for the successful beneficiaries in The Matter of the A and B Trusts [2012] JRC 169A, where the Royal Court of Jersey made new law on the scope of the duties of trust protectors and the grounds on which they may be removed from office. The Royal Court proceeded to suspend the protector's powers and removed him from office due to not only him having misunderstood his duties to the beneficiaries but also as a result of his failure to keep a watchful eye on the trustee's management of the trusts.
Protecting beneficaries' interests
Re C Trust Company Limited [2009] JRC 048 was a Jersey case on ring-fencing trust assets from the impact of divorce, in which the Court adopted a novel approach to protecting beneficiaries' interests from relief proceedings in the family courts.
Beneficiaries conflicts of interest
A Trustees Limited v W,X,Y and Z [2008] JRC 097 was a Jersey case on conflicts of interest and the approval of a distribution to beneficiaries, in which the Royal Court of Jersey confirmed the basis on which it will give or withhold such approval.
Talks
'The impact of divorce on trustees and beneficiaries', ThoughtLeaders4 Virtual conference - July 2020
'Troubleshooting in the Trust World' - Church House Investment Management - November 2019
'Trustees and the Family Business', STEP Essex - October 2019
'Private Client case update', International Trusts & Private Client Forums: Jersey & Guernsey - March 2019
'Whither privilege - attorney client confidentiality in the Cayman Islands, the USA and the UK', STEP Cayman International Wealth Structuring Forum - 31 January - 1 February 2019
'Trusts & Divorce - an overview for trustees and practical tips', Butterfield Trust (Bahamas) Ltd - Bermuda
'Trusts of the Future' , Private Investor: Middle East - September 2018
'Trusts & Companies caught in the cross-fire of Divorce?' Transcontinental Trust Conference Bermuda - June 2018
Insight
External publications
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''People equate money and love’: Why inheritance disputes are increasingly resolved through mediation', in Spears - January 2026
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'To reserve or not to reserve? What can possibly go wrong - Part II'' in Trusts & Trustees, Vol 26, issue 6 - July 2020
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‘International Trust and Divorce Litigation' (3rd Edition) (Co-author and co-editor), Jordans - 2019
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'To reserve or not to reserve? That is the question - Part I'' in Trusts & Trustees, Vol 25, No 10 - December 2019
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'If Boris were a trustee, would the public trust him?' in E-PrivateClient - 5 December 2019
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'What if Boris were a trustee?' in Financial Times Adviser - 22 October 2019
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'Trusts and settlors - can a settlor have too much power?' in International Family Offices Journal, September - 2018
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'Chapter D5 Disclosure of Information' in 'Planning and Administration of Onshore and Offshore Trusts', Bloomsbury Professional - 2017
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'Chapter G1- Authority to Trustees to Incur Costs of Litigation' in 'Administration of Trusts', LexisNexis - 2016
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'Chapter H1 - Action by Disgruntled Beneficiaries' in 'Administration of Trusts', LexisNexis - 2016
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'Protection from protectors' in STEP Journal - November 2015
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'Trustees and the Family Business' in STEP Journal - January 2015
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‘Probate Disputes and Remedies' (3rd Edition) (Co-author), Jordans - 2014
Admissions
- England and Wales, 1980
- British Virgin Islands, 2008
- Ireland Practicing Certificate, 2019
- CEDR accredited mediator, 2020
- Conseil Juridique Étrangère, Paris Bar, 2024
- CEDR Early Neutral Evaluator, 2025
Education
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The Green School for Girls, Isleworth
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Chester and Guildford University of Law
Languages
- English
Memberships
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Society of Trust and Estate Practitioners (STEP)
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Association of Contentious Trust and Probate Specialists (ACTAPS)
Key dates
- Year joined: 1987
- Year became partner: 1989