03 December 2018 - Article
In the matter of the K Trust, Guernsey Judgment 31/2015, Dawn and Emma McCall worked alongside Guernsey advocates and Counsel to advise 11 of 14 adult beneficiaries on an application - the first in Guernsey - seeking removal of a protector whose approach was no longer considered to be in the best interests of the beneficiaries. The Royal Court established the test in Guernsey for removal of protectors and dealt with incidental issues, such as specific indemnities, to which it considered the protector was not entitled in the absence of indemnity provisions in the trust deed.
In Durham v Lambton & Others  EWHC 3566 (Ch), Dawn was involved in a case which considered whether English proceedings in a succession dispute focusing on the friction between English testamentary freedom and Italian forced heirship (including claw back) rules should be stayed on the basis of forum non conveniens in favour of the Italian Courts.
Acting for the successful beneficiaries in The Matter of the A and B Trusts  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.
England and Wales, 1980
British Virgin Islands, 2008
‘Probate Disputes and Remedies’, Jordans - 2014
‘International Trust and Divorce Litigation’, Jordans - 2013
‘Authority to trustees to incur costs of litigation’ and ‘Action by Disgruntled Beneficiaries’, Tottel’s Administration of Trusts
‘Disclosure of Information’, Tottel’s Planning & Administration of Offshore and Onshore Trusts
‘The removal of protectors’, STEP Journal, co-author
‘Trust structuring for family businesses to avoid disputes’, STEP Magazine
Society of Trust and Estate Practitioners
Association of Contentious Trust and Probate Specialists
‘The Balance of Power – powers retained by the settlor (for himself or others)’, STEP IOM - October 2016
‘Protectors: Solution for Everything or Recipe for Disaster’, Transcontinental Trusts Forum 2016, Bermuda - May 2016
‘Nuptialisation of Trusts: Cross border divorce for Ultra High Net Worth Individuals’, IBC Conference - March 2016
‘Attacks on the exercise of power’, Challenging Fiduciary Decisions, IBC Conference - March 2016
Me in a minute
I wished to become an opera singer
The reluctant litigator.
One miserable day longer ago than I care to remember I attended an interview with the Law Society who were to decide whether, as one of the youngest students and in a minority of 10:1 men to women at law school I was a fit and proper person to be admitted to the profession.
Uninspired by the inevitable ‘ Why do you want to become a solicitor?’ I replied that I didn’t: I wished to become an opera singer. Shocked, the interview panel searched for an explanation for my presence there, eventually lighting on my engagement ring and enquiring, ‘ Your fiancé- he is a lawyer?’
‘No. He’s a conductor!’
After this inauspicious start I decided that perhaps it was worth trying and found that I took to the law. Having begun my career in a country practice as a commercial litigator and divorce lawyer (sometimes known as Surrey’s Iron Lady) I was fortunate enough to join Withers and to set up and develop the Contentious Trust and Succession Team.
At Withers life has rarely been dull: some cases resemble an opera libretto or a Greek tragedy. The work is intense and demanding but fascinating: complex legal issues often crossing cultures and borders; difficult family or business relationships giving rise to dispute and the rigour of the justice system (or several concurrently in a multi- jurisdiction dispute.)
Most of all, Withers is all about people: how they live, marry, look after their children, buy property, migrate, create and run businesses, set up charities, interact with each other and need help when that interaction breaks down.
In recent years I have taken on fiduciary appointments, enabling me to see life as a protector, charity trustee or director of a private trust company from a very different (and instructive) angle. I also advise on risk reduction and mitigation for trustees and other fiduciaries, using my experience of what goes wrong to help avoid it. Stress testing is another example of a poacher turned game keeper: having had a reputation as a trust buster it is not difficult to see the fault lines in a proposed or existing structure and advise on how to strengthen it.
Outside Withers I spend most of my time with my family doing almost anything creative or artistic. Occasionally I still sing.
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