International Trust Disputes

Hardcover | February 26, 2012

EditorSara Collins, Steven Kempster, Morven McMillan

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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. Thehandling 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 practicallegal 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 beencountered in the jurisdictions where disputes are most likely to take place.

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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. Thehandling of such disputes requires specialist ski...

Sara Collins was formerly a partner and Head of Trust and Private Client in the Cayman Islands office of Conyers Dill and Pearman. Sara has published regularly and is the Cayman Islands correspondent for Trusts and Trustees. Steven Kempster is a partner and head of the Trusts and Estates Disputes group at Taylor Wessing (London). H...

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Format:HardcoverDimensions:544 pages, 9.69 × 6.73 × 0.01 inPublished:February 26, 2012Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0199594708

ISBN - 13:9780199594702

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Table of Contents

Part 1 General Practice and ProcedureSection A Jurisdiction1. James Corbett QC: Jurisdiction and Cross Border IssuesSection B External Disputes2. Alison Meek: Matrimonial Disputes3. Andrew De La Rosa: Succession and Forced Heirship Disputes4. Jeremy Kosky: Sham Trusts and Reserved Powers5. Adam Cloherty, Owen Curry: Asset Protection and Insolvency6. Sofie Hoffman: Dishonest AssistanceSection C: Internal Disputes7. Charles Lloyd: Internal Disputes8. Susannah Meadway: Breach of Trust Claims9. Shan Warnock-Smith QC: No-contest clauses10. Simon Taube QC: Mistake, Rectification and Hastings-Bass11. Dawn Goodman, Charlie Tee: Setting Aside Trusts, Undue Influence and Capacity12. Rupert Ticehurst: Retirement, Replacement and Removal of Trustees13. Steven Kempster: Rights to InformationSection D: Procedure14. Elizabeth Weaver: Directions and Beddoe Applications15. Richard Dew: Injunctions16. Francis Barlow QC: Representation of Parties17. Nicola Evans: Representation of Parties18. Beverly-Ann Rogers: Alternative Dispute Resolution19. Morven McMillan: Variation and Compromise20. Penelope Reed QC: Appeals21. Toby Graham, Adam Carvalho: CostsPart 2: Jurisdictions22. Paul Smith, Brigit Morrison: Bermuda23. Arabella di Iorio: The British Virgin Islands24. Sara Collins, Carlos de Serpa Pimentel: Cayman Islands25. Charles Simpson: Gibraltar26. Paul Buckle: Guernsey27. Seth Caine: Isle of Man28. Kerry Lawrence, Nigel Sanders: Jersey29. Stefan Wenaweser: Liechtenstein30. Geoffrey Cone: New Zealand31. Nedim Peter Vogt, Delphine Pannatier Kessler: SwitzerlandBibliographyIndex

Editorial Reviews

"This important book enhances one's understanding of international trust disputes. It skilfully tells its readers much they did not know previously, and is informative from beginning to end." --Henry Frydenson, Principal, Frydenson and Co; Chairman, Association of Contentious Trust and Probate Specialists