Trusts & Estates Disputes

Our Trusts & Estates Disputes team  specialises in contentious trust and estate litigation arising in the UK and overseas. Led by Andrew Child,  our Global Head of Trusts and Estates Disputes, this is a highly technical area of the law and we provide the very best in specialist advice and representation. 

Andrew is a barrister (formerly at Wilberforce Chambers and 3 Stone Buildings) who has been in practice for 25 years and has been involved with many of the major trusts and estates cases here and around the globe.  He has a wealth of experience of not only the Courts of England and Wales, where he was Counsel in many important reported cases, but many of the major offshore law centres also, having been involved in numerous substantial and important cases spanning Bermuda, the Cayman Islands, the BVI, the Channel Islands, the USA and Hong Kong.

With our BVI office in Road Town, Tortola and our international reach we are able to provide a one stop shop for those seeking English and BVI law advice from the firm’s solicitors and barristers.

Andrew’s cases include : High-value Hong Kong trust case involving a family dispute over trust interests in a USD3.55 billion company; Guernsey trusts dispute acting for beneficiary seeking a partition of her interests from high value settlements; cross border case concerning the validity and proper construction of a Jersey Trust; second round of litigation in Bermuda concerning the administration of an extremely high value trust; trial in the Cayman Islands concerning the proper distribution of trust property between the competing beneficiaries; very high value claim between two Russian businessmen; attempts by prominent Qatari family to recover the highly valuable contents of a safety deposit box held by a bank in London; Bermuda proceedings concerning a civil law Foundation; Longleat Estate litigation instructed by Lord Bath in proceedings concerning the administration of the Longleat Estate; Re Jack Dellal deceased concerning the proper distribution of Black Jack Dellal’s estate and Re Wizard Settlement advising the son of rock star Mark Bolan on how to ensure proper financial provision was made for him out of the offshore trust structures set up by his father before his untimely death.

Trusts and estates disputes are not just legally complex but also often sensitive, given that opposing parties can be in the same family, and proceedings can take place against the backdrop of a death or a divorce or other high impact family event.  Andrew’s wealth of experience helps clients navigate this difficult terrain and secure for them the best possible outcomes.

Trusts can arise in many differing forms whether they arise by way of a formal settlement or by operation of law. Fiduciary duties subsist and trustees and fiduciaries face exacting duties to act properly within the terms of the trust.

We represent trustees, whether corporate or family, professional or lay, in defending breach of trust cases against them.  We also represent trustees in taking proactive steps in litigation, such as seeking directions or the blessing of the Court in sanctioning specific action.

We represent beneficiaries in ensuring that their interests are properly balanced and administered in their trusts and where necessary in taking breach of trust action against trustees who have failed to act properly in accordance with their duties.

Estate litigation gives rise often not only to trust issues but also issues as to whether Wills are properly valid documents or rather void for want of testamentary capacity, want of knowledge and approval, undue influence, forgery or fraud.  We specialise in all forms of proceedings challenging wills.

We also assist with actions brought under the Inheritance (Provision for Family and Dependants) Act 1975 in claims for reasonable financial provision where it is claimed insufficient provision has been made for the applicant by the Deceased as well as actions by way of proprietary estoppel where indications by the Deceased during their lifetime which the applicant has relied upon to their detriment have not been honoured.