Claims against executors & administrators

Executors and trustees may find themselves facing claims from beneficiaries, creditors or other third parties.

Executors and trustees are fiduciaries. They are responsible for prudent choices, and they owe fiduciary obligations to beneficiaries. They may also be sued by creditors or other third parties who believe they have a right to a share in the estate or trust assets.

The claimants may be attempting to hold the fiduciary personally liable for some perceived failing in the execution of their duties, or they may simply be seeking to be paid from assets of the estate. Either way, our contentious trust and succession practice has experience.

Our clients are based both in the UK and throughout the offshore jurisdictions. They include significant financial institutions, charities, offshore trustees and beneficiaries, and high net worth individuals.

Recent work

  • Acting for the family in the high profile Al Sabah litigation against a multi-jurisdictional onslaught by the judgement creditor, Grupo Torras, on the validity of trusts in Jersey, Bahamas, Cayman and elsewhere. This culminated in the Esteem litigation in Jersey where we successfully defended the family trust from various allegations.
  • Representing a Liechtenstein Foundation in relation to the multi-jurisdictional attack on its validity, in proceedings based in London, New York, Florida and Monaco.
  • Representing trustees in relation to an attack on the validity of the transfer of assets to the trust structure involving two offshore centres dealing with such situations, providing pragmatic advice, negotiating effective solutions, and vigorously defending clients' interests where necessary.
  • Advising a UK executor appointed under a Swiss will (executed by a British citizen) on the basis and limits of delegating powers to a Swiss notary appointed by the family of the deceased.

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