International Trust Disputes

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).

PART 1 GENERAL PRACTICE AND PROCEDURE ; SECTION A JURISDICTION ; 1. Jurisdiction and Cross Border Issues ; SECTION B EXTERNAL DISPUTES ; 2. Matrimonial Disputes ; 3. Succession and Forced Heirship Disputes ; 4. Sham Trusts and Reserved Powers ; 5. Asset Protection and Insolvency ; 6. Dishonest Assistance ; SECTION C: INTERNAL DISPUTES ; 7. Internal Disputes ; 8. Breach of Trust Claims ; 9. No-contest clauses ; 10. Mistake, Rectification and Hastings-Bass ; 11. Setting Aside Trusts, Undue Influence and Capacity ; 12. Retirement, Replacement and Removal of Trustees ; 13. Rights to Information ; SECTION D: PROCEDURE ; 14. Directions and Beddoe Applications ; 15. Injunctions ; 16. Representation of Parties ; 17. Involvement of Charitable Interests ; 18. Alternative Dispute Resolution ; 19. Variation and Compromise ; 20. Appeals ; 21. Costs ; PART 2: JURISDICTIONS ; 22. Bermuda ; 23. The British Virgin Islands ; 24. Cayman Islands ; 25. Gibraltar ; 26. Guernsey ; 27. Isle of Man ; 28. Jersey ; 29. Liechtenstein ; 30. New Zealand ; 31. Switzerland ; BIBLIOGRAPHY ; INDEX