International Trust Disputes

Front Cover
Sara Collins, Steven Kempster, Morven McMillan, Alison Meek
OUP Oxford, Jan 19, 2012 - Law - 600 pages
The number of disputes involving trusts has risen significantly in recent years. Many disputes take place in the international environment and cross-border jurisdictional issues may arise. These disputes often involve large sums of money, impacting significantly on family relations. The handling of such disputes requires specialist skills and knowledge, including an understanding of how and why private trusts are established and administered and the problems that can arise; an awareness of the cross-jurisdictional issues that may be relevant; and the ability to identify practical legal solutions to the dispute that are compliant with trust principles. International Trust Disputes provides a comprehensive and thorough treatment of this topic. Acting as a specialist guide for practitioners, it offers a survey of the special considerations that may arise with regard to trust disputes as well as a definitive guide to the issues which may be encountered in the jurisdictions where disputes are most likely to take place.
 

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Contents

About the Contributors
29
Table of Cases arranged by country
Matrimonial Disputes
Succession and Forced Heirship Disputes
Sham Trusts and Reserved Powers
Asset Protection and Insolvency
Dishonest Assistance
Internal Disputes
Rights to Information
Directions and Beddoe Applications
Injunctions
Representation of Parties
Involvement of Charitable Interests
Alternative Dispute Resolution
Variation and Compromise
B Where to Appeal and the Need for Permission

Breach of Trust Claims
Nocontest Clauses
Mistake Rectification and HastingsBass
Setting Aside Trusts Undue Influence and Capacity
Retirement Replacement and Removal of Trustees
Costs
Bermuda
British Virgin Islands
Appeals
Copyright

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About the author (2012)

Sara Collins was formerly a partner and Head of Trust & Private Client in the Cayman Islands office of Conyers Dill & Pearman. Sara has published regularly and is the Cayman Islands correspondent for Trusts & Trustees. Steven Kempster is a partner and head of the Trusts and Estates Disputes group at Taylor Wessing (London). He specialises in the resolution of disputes relating to the formation or administration of trusts and estates in England and in the offshore jurisdictions. He is a registered member of the Association of Contentious Trust and Probate Specialists (ACTAPS). Morven McMillan is Partner and Head of Trusts Cayman Islands, Mourant Ozannes. She is a specialist in the field of contentious trusts disputes and also has considerable experience in non-contentious work. She is regularly involved in disputes relating to trusts, wills and inheritance. Morven is a member of the Society of Trust & Estate Practitioners (STEP), and of the Association of Contentious Trust and Probate Specialists (ACTAPS), and speaks regularly at international conferences. Alison Meek is a partner at Harcus Sinclair. She specializes in contentious trust and estate work for both onshore and offshore clients. She is a founder member of the Association of Contentious Trust and Probate Specialists (ACTAPS).

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