Probate and estate administration lawyers

Advised the Executors of a complex multi-jurisdictional estate on its administration and securing Business Property Relief from inheritance tax on private family company shares.

Advising a UK high net worth individual who inherited an estate with worldwide assets settled in trusts and corporate structures in relation to a claim put forward by his siblings on the basis of the Italian forced heirship rules.

Following the unexpected death of the principal of a large trading business, post death tax planning to maximize inheritance tax reliefs, both on death and on the death of the surviving spouse in due course. This has involved complicated tax, trust and corporate issues to avoid significant tax charges on the restructure and a number of clearance applications with HMRC.

A typical case involved co-ordinating multi-jurisdictional succession and probate processes in a large international estate that had a global spread of beneficiaries with individual tax and asset allocation requirements. We successfully defended a challenge by HMRC to the deceased's domicile status, dealt with the presentation of a complex double tax treaty claim relating to immediate estate and Inheritance taxes, advised on the management of cross jurisdictional income and capital gains tax exposure during the administration period and on conflicts of laws issues impacting on the burden of tax liabilities, generally.

This involved dealing with immediate ownership, probate and compliance issues following the death of a key family member midway through a major restructuring of family business interests. We handled the interplay between the estate and the family's existing wealth management structures to ensure a timely and tax efficient succession process and the successful completion of the wider business restructuring.

Represented the designated beneficiary of a retirement account and obtained summary judgment defeating the claim of an adverse party seeking a portion of the retirement account.

Represented the court-appointed administrator of an estate in litigation against the decedent’s former business partner in Vietnam. We brought a derivative action on behalf of an entity the decedent co-owned with his business partner, obtained a preliminary ruling transferring half a million dollars from the entity to the estate, and ultimately settled the case.

In several different matters, successfully defended private professional fiduciaries against claims of alleged breach of fiduciary duty.

Represented a trust beneficiary who obtained a million dollar judgment and an award of attorney’s fees against a trustee who breached her fiduciary duties in the administration of a family trust.

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.