Personal

Trust & succession disputes

Trust & succession disputes

As wealthy families get larger and issues become more complex, there is a growing need to resolve some of the issues by means of alternative dispute resolution and sometimes, by referral to the courts.

We have one of the largest international teams dedicated to dealing with such issues as they arise, or with such disputes where no internal resolution is possible.

We deal extensively with such claims before probate, surrogate's and chancery courts in the United States, the United Kingdom and certain offshore jurisdictions, and in other offshore jurisdictions, where we are not admitted to the courts, we work closely with local lawyers to provide a seamless service to our clients.

Recent work

  • January 2008 - World Society for the Protection of Animals and others v Bowman. Paul Hewitt, assisted by Stephen Richards, obtained a High Court order for the removal of an executor who was failing to administer the estate in accordance with the will. The executor was ordered to pay the charities' costs.
  • Acting in a case where a child with a serious emotional problem, who had been defined as the person to take over control of the trust upon the death of the father, was made a discretionary beneficiary by order of the Court in order to preserve the integrity of the trust.
  • Obainining a court order dividing a trust into four parts following the death of the parent and principal beneficiary, where four siblings were unable to agreed on how the trustees should vote the shares of a family company.
  • Acting for the members of a mangement committee of a Carribbean trust, and established new law with respect to defining the rights and duties of such members of a management committee, when they were also beneficiaries of the family trust.
  • Advising trustees, settlors and beneficiaries in connection with several divorces, including the high profile case of Charman, where applications for variation of offshore trusts (Isle of Man, Bermuda, were in issue and/or applications to take trust assets into account as a resource.
  • Advising a client selling a very valuable work of art on the most appropriate tax and gift-planning strategies, bearing in mind a significant charitable intent on the part of the family.  Beneficiaries of the plan included family members, charitable trusts and a family-created charitable foundation.  Significant tax savings were realised for family members resident in three different jurisdictions.
  • Structuring a basket of different asset classes in a number of countries to minimize death duties for the client and to provide for the orderly transfer of those assets in a form in which the integrity of the holding was maintained.
  • Advising a Middle Eastern client with substantial investment assets in Western Europe and the United States in order to minimize death duties in the countries where such assets were owned and to structure the estate plan in conformity with applicable Sharia rules.

© Withers 2007 - 2008