Beneficiaries and heirs lawyers

Our team regularly assist in cross-border issues, particularly in cases involving the People's Republic of China (PRC), leading the team in cases involving complicated legal argument and third parties’ interests in assets both in Hong Kong, the PRC and overseas.

We were involved in a well-known case frequently cited in subsequent cases in Singapore and beyond. We successfully acted on behalf of the husband in a dispute over matrimonial property, whereby the court exempt the Trust setup by the husband from the pool of matrimonial assets. The trust provided protection towards their children, including a son who has special needs as he suffers from Williams syndrome.

Preparing a Will in respect of a terminally ill individual with assets in jurisdictions including Hong Kong, Singapore and the US (value in excess of US$500m). The Will created a testamentary trust that, following the administration of the estate, allowed for assets to be decanted to a US trust. Following the testator’s death, we oversaw the administration of the estate.

Negotiating and implementing a settlement agreement between heirs, based both in the UK and in Italy, for a high net worth individual in the context of a succession whereby Italian forced heirship rules applied.

We advised a beneficiary of a trust who was in dispute with another beneficiary and the trustee who was holding shares in a luxury fashion brand worth over Euro30m. Court proceedings were ongoing in England and Italy, involving our London and Milan offices, before the trustee was successfully replaced and the other issues between the parties compromised to avoid publicity over the businesses involved.

We acted for a beneficiary in proceedings concerning trustee negligence in relation to investment losses. It is believed to be the first case in the Channel Islands courts to consider the question of what degree of knowledge will prevent a beneficiary bringing a breach of trust claim beyond the time period required by statute.

Acting for Michael and Robert Peluso, the two adult sons of the late Lynda Bellingham. The dispute over her estate received extensive coverage. In May 2017, we reached an agreement with her widower, Michael Pattemore.

We acted for the beneficiaries of two trusts in this ground-breaking application under newly-enacted Bermuda law provisions dealing with mistakes by trustees and other power-holders in relation to trusts. Despite the application being contested by the UK tax authority it was successful and the adverse consequences that the trusts had suffered were unwound.

We acted for the son of a deceased German businessman who was entitled to a share of a cross-border estate worth in excess of £35m. The case raised complex conflict of law issues over the deceased's Will and arguments from some of the heirs that the son had no entitlement. We co-ordinated simultaneous proceedings in England and Germany and the case was ultimately settled out of court.

We act for the adult children of the late Nigel Vindis whose will left most of his estate, including his 50% share in the highly successful Vindis plc on discretionary trusts for a class of beneficiaries. Nigel's sisters claimed to be entitled to half the share. At the same time his estranged widow issued a claim for financial provision. Working with their mother's solicitors we secured the 50% shareholding for the nuclear family.

Acting for the adult beneficiaries in the matter of the K Trust with local advocates. The Guernsey Royal Court sanctioned removing a protector for the first time (following similar principles established in Jersey, where we acted, in the matter of the A Trust and the B Trust).

Preparing a Will in respect of a terminally ill individual with assets in jurisdictions including Hong Kong, Singapore and the US (value in excess of US$500m). The Will created a testamentary trust that, following the administration of the estate, allowed for assets to be decanted to a US trust. Following the testator’s death, we oversaw the administration of the estate.

Withers represented one of the heirs to a publishing fortune in a case arising out of a dispute with his children over the administration of various family trusts. Withers successfully resolved the dispute through alternative dispute resolution in California avoiding a costly court battle and prolonged family discord.

We acted for the beneficiaries of two trusts in this ground-breaking application under newly-enacted Bermuda law provisions dealing with mistakes by trustees and other power-holders in relation to trusts. Despite the application being contested by the UK tax authority it was successful and the adverse consequences that the trusts had suffered were unwound.

We represented the son and heir of a well-known American painter in cases arising out of a major art fraud worth an estimated $100 million. Our client had been among numerous victims of a Manhattan dealer who had committed the deceit to fund his extravagant lifestyle.