The new edition of this leading work continues to provide full analysis of the legal and practical aspects arising in trusts disputes, with attention to jurisdiction-specific issues covering ten of the most relevant territories. Since the last edition the law has developed at a fast pace and trust disputes continue to increase as international trusts reach the second, third and sometimes fourth generation of beneficiary. In particular, there have been changes made to the law of succession in England and Wales (Intestacy Rules 2014) and case law such as Ilott v The Blue Cross [2017] which consider the implications for family provision under the Inheritance (Provision for Family and Dependants) Act 1975. Developments relating to the position of trusts in matrimonial disputes are analysed and the issues for trust disputes and rights to information under The Data Protection Act (Dawson Damer v Taylor Wessing [2017]) are also included. Other important case law which is now considered include Pitt v Holt, re Futter [2013] and the development of the law of mistake thereafter, and the Pugachev litigation on sham trusts. 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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The new edition of this leading work continues to provide full analysis of both the legal and practical aspects of trusts disputes, with attention to jurisdiction-specific issues covering ten of the most relevant territories.
Les mer
Part I General Practice and Procedure Section A: Jurisdiction 1: Michael Ashdown: English Trust Law Principles Section B: External Disputes 2: Alison Meek: Matrimonial Disputes 3: Andrew De La Rosa: Succession and Forced Heirship Disputes 4: Jeremy Kosky, Maxine Mossman and Nicole Buncher: Sham Trusts and Reserved Powers 5: Jonathan Hilliard QC and Jack Watson: Asset Protection and Insolvency 6: Sofie Hoffman: Dishonest Assistance Section C: Internal Disputes 7: Susannah Meadway: Breach of Trust Claims 8: Shan Warnock-Smith QC: No-Contest Clauses 9: Simon Taube QC: Mistake, Rectification, and Hastings-Bass 10: Emily Exton and Roberta Harvey: Setting aside Trusts, Undue Influence, and Capacity 11: Giles Richardson: Retirement, Replacement, and Removal of Trustees 12: Steven Kempster: Rights to Information 13: Elizabeth Weaver: Directions and Beddoe Applications Section D: Procedure 14: Richard Dew: Injunctions 15: Andrea Zavos and Mark Lindley: Representation of Parties 16: Nicola Evans: Involvement of Charitable Interests 17: Beverly-Ann Rogers: Alternative Dispute Resolution 18: Anthony Poulton: Variation and Compromise 19: Tracey Angus QC: Appeals 20: Joanna Poole and Joseph de Lacey: Costs Part II: Jurisdictions 21: Anna Bruce-Smith and Ben Adamson: Bermuda 22: Arabella Di Iorio: British Virgin Islands 23: Morven McMillan: Cayman Islands 24: Charles Simpson: Gibraltar 25: Elaine Gray and Karen Le Cras: Guernsey 26: John Rimmer: Isle of Man 27: Nigel Sanders: Jersey 28: Dr. Stefan Wenaweser: Liechtenstein 29: Andrew Butler and Nat Walker: New Zealand 30: Tina Wüstemann and Marco Frigg: Switzerland
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The definitive guide on disputes involving trusts, providing essential advice on key procedural issues such as directions, injunctions, and costs Combines a thorough treatment of the principles raised in trust disputes with an examination of issues specific to the leading trust jurisdictions Written and edited by a team of leading specialists in the UK and key trust jurisdictions, ensuring unrivalled practical insight Covers important jurisdictions including Jersey, Guernsey, Isle of Man, Cayman Islands, and Switzerland
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Steven Kempster is a partner in the trust and succession disputes team at Withers. 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 a partner and head of the Trusts & Private Client team at the Maples Group in the Cayman Islands. 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 Sinclair Gibson. 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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The definitive guide on disputes involving trusts, providing essential advice on key procedural issues such as directions, injunctions, and costs Combines a thorough treatment of the principles raised in trust disputes with an examination of issues specific to the leading trust jurisdictions Written and edited by a team of leading specialists in the UK and key trust jurisdictions, ensuring unrivalled practical insight Covers important jurisdictions including Jersey, Guernsey, Isle of Man, Cayman Islands, and Switzerland
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Produktdetaljer

ISBN
9780198832737
Publisert
2020
Utgave
2. utgave
Utgiver
Oxford University Press
Vekt
1268 gr
Høyde
251 mm
Bredde
177 mm
Dybde
39 mm
Aldersnivå
P, 06
Språk
Product language
Engelsk
Format
Product format
Innbundet
Antall sider
656

Biografisk notat

Steven Kempster is a partner in the trust and succession disputes team at Withers. 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 a partner and head of the Trusts & Private Client team at the Maples Group in the Cayman Islands. 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 Sinclair Gibson. 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).