Sarah Aughwane

Associate

  • Education: University of Durham, BA (Hons) History
  • Admitted: England and Wales, 2012
  • Year joined: 2010

Overview

Sarah focuses on contentious trust and succession matters including Court of Protection work and offshore trust litigation. She advises on all types of trust and probate disputes including issues relating to the validity of wills and trusts, the Inheritance (Provision for Family and Dependants) Act 1975, and claims for removal of trustees/ protectors and division of trust assets.

Highlights

Sarah and Dawn Goodman acted for the successful beneficiaries in The Matter of the A Trust [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 found that, as with trustees, the correct test for removal of a protector arises from Letterstedt v Broers.  Due not only to the protector’s misunderstanding his duties to his beneficiaries but also his failure to keep a watchful eye on the trustee’s management of the trusts, the Royal Court suspended his powers and removed him from office.  Click here to read our briefing note on this case.

Sarah also acted with Dawn Goodman in The Matter of the R and RA Trusts (Gsy C.A.) [470/2014] and with Paul Hewitt in Zarbafi v Zarbafi [2014] EWHC Civ 1267.

Publications and speaking engagements

  • Co-author of 'Fault Lines – Kennedy v Kennedy [2015] expands the horizons of the doctrine of mistake', Trust and Estates (May 2015)
  • Co-author of The Protector - Who holds the gun?, STEP journal (October 2013)
  • Co-presenter at Pernicious Protector, Dangerous Peer (June 2013)
  • Co-author of The Protector's Republic, Trust and Estates (June 2013)

On a personal note

Sarah is a keen sailor and enjoys baking and photography.

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