Trusts in Divorce: The 2nd Annual Practitioner’s Forum

Jessica is a private client partner specialising in risk and disputes in relation to trusts and estates.

Jessica has accrued extensive trust litigation experience both in England and offshore. Her cases have included both seeking and defending the removal of trustees, protectors and executors; rectification and variation of trusts; setting aside and defending trusts on the basis of sham allegations; challenging trustees’ decisions and advising trustees on making decisions in contentious circumstances; challenging trustees’ fees; claims for breach of fiduciary duty; and associated professional negligence proceedings against tax and legal advisors. 

Equally, Jessica frequently advises on probate and estate disputes, including invalidity claims, capacity and construction issues, as well as claims under the Inheritance (Provision for Family and Dependents) Act 1975.

Jessica has also built up particular expertise in advising trustees and beneficiaries on issues of trust law in the context of divorce proceedings – both in relation to proceedings in the Family Division and in the corresponding offshore trust jurisdictions. 

Abby is a Partner in the Family and Divorce team who specialises in matters involving all aspects of private family law and in particular complex financial issues and private children cases.

Abby is recognised in Chambers UK, Chambers High Net Worth Guide, Legal 500 UK and Spear’s Family Law Index. She was shortlisted as Woman of the Year - Rising Star in the Powerwomen Awards.

Abby is a member of the Founding Committee for Thought Leaders4 HNW Divorce Next Generation committee and has spoken at and chaired numerous ThoughtLeaders4 events. 

After reading English Literature at The University of Manchester, Abby went on to complete the Graduate Diploma in Law and the Legal Practice Course in Bloomsbury. Abby was a paralegal at a magic circle firm in their Mergers and Acquisitions team before commencing her training contract with a Lincoln’s Inn firm in 2008 and qualifying into their Family Team in 2010. Abby joined Kingsley Napley in 2012 and was made partner in 2020. 

Emma advises beneficiaries, trustees, and other fiduciaries on trust disputes both onshore and in numerous offshore jurisdictions. Emma also specialises in probate disputes, including when conflicts of private international law arise, and disputes overseen by the Court of Protection. Emma is recognised by Chambers High Net Worth as an ‘Up and Coming’ Partner, by The Legal 500 as a 'Next Generation Partner’, by Private Client Global Elite as ‘One to Watch’ and by Spear’s as one of the ‘Top Recommended 2021, Contentious Trust Lawyers’.

Emma regularly advises where there is friction between beneficiaries and fiduciaries and also to facilitate separation of beneficial interests, assisting with associated court applications both on- and off-shore.

Emma advises on succession issues and the validity of wills, including issues of capacity and advises where conflicts of private international law arise. She also assists with claims made under the Inheritance (Provision for Family and Dependants) Act 1975.

Emma also has experience in relation to the affairs of those who have lost capacity and associated applications in the Court of Protection.

Simon is highly regarded by both clients and his peers, he brings his considerable expertise to bear to help separating couples resolve issues in a constructive manner. He has a particular strength in complex financial cases, often involving trusts, family businesses and assets in more than one jurisdiction.

Working closely with colleagues in the private wealth sector to provide a seamless service to high net worth individuals and their families, Simon is able to advise on the family law aspects of wealth protection, including prenuptial and cohabitation agreements. He has a thriving children law practice and has assisted parents in all aspects of the law relating to children. He has a specialist interest in the cross-border movement of children and frequently provides guidance on international surrogacy and applications for parental orders.

Simon is an elected member of the national committee of Resolution, the leading membership organisation for specialist family lawyers, and is the organisation’s treasurer.

Simon is recognised as a 'Next Generation Partner' in The Legal 500 2023 edition and is ranked in the Chambers UK and HNW guides for his work on sophisticated financial cases, many with a trust-related, family business or multi-jurisdictional element. He is recognised as a 'Recommended Lawyer' in the Spear's 500 2022 directory.

Marcus Dearle is senior partner of specialist family law boutique law firm, Miles Preston, in London, and a 26-year veteran of Withers in London and Hong Kong. He spearheaded the launch of Withers’ family law team in Hong Kong and was office managing director of Withers’ Singapore and Hong Kong offices. He has over 34 years of experience acting in complex domestic and international family law cases.

In addition to being admitted in England & Wales, he uniquely practises Hong Kong family law from London. He is also admitted, but not practising in, the BVI.

Marcus is recognised as a leading trusts and divorce litigation practitioner advising HNW and UHNW clients in the ALM | LAW.COM Private Client Global Elite directory: the directory is entirely reliant on peer nominations.

He is the immediate past Chair of the International Bar Association, Family Law Committee, and a Fellow of the International Academy of Family Lawyers.

Marcus acted for the corporate trustee of an offshore Guernsey trust in a major and complex divorce and trust case which went to trial in the High Court in London in 2001, and then to the Court of Appeal in 2008: Judge v Judge [2008] EWCA Civ 1458. Lord Justice Wilson in the Court of Appeal found that the trustee had, ‘adopted a stance not only properly defensive of the interests of the trust, but also both neutral as between the husband and the wife and essentially helpful to the court.’

During the 11 years he was based in Hong Kong Marcus led the family law teams acting in a number of groundbreaking international family law cases that went to the Hong Kong Court of Appeal and/or Court of Final Appeal, including the Florence Tsang case TCWF v LKKS [2014] HKEC 1593 (the largest Hong Kong divorce case), and the landmark divorce and trust, Court of Final Appeal, case of Otto Poon [2014] HKEC 1174, when he acted for the professional trustee, HSBC International Trustee Limited – a case involving a Jersey trust which the Financial Times reported as having ‘Rattled the Trust Industry’ in Hong Kong.

He also acted successfully for the financially stronger US husband in LCYP v JEK [2019] HKCFI 1588, which is now the leading PNA case in Hong Kong.

He has very recently successfully represented Sir Frederick Barclay in defending him against three sets of committal proceedings in the London High Court: see Barclay v Barclay [2022] EWHC 2026 and Barclay v Barclay [2023] EWFC 164.

He wrote the chapter on Divorce and Trusts in Sweet & Maxwell’s 2010 publication ‘Family Law and Practice in Hong Kong’ and in the 2nd (2014) and 3rd (2018) editions.

He lectures widely at international conferences and has been interviewed on international TV news networks, including by the BBC and CNN. He is a regular contributor to the international press and specialist publications, including the London Times, Family Law, International Family Law Journal and STEP Journal.

He was shortlisted as International Family Lawyer of the Year at the Lexis Nexis Family Law Awards 2018.

Claire-Marie is the lead Partner for the Will, Trust and Estate Disputes team in London.

She specialises in private client disputes and litigation, specifically those concerning trust, estate and succession disputes. Claire-Marie’s clients include private individuals, trustees, executors, administrators, protectors and beneficiaries.

She deals with all manner of disputes both in the UK and internationally, including claims under the Inheritance (Provision for Family and Dependants) Act 1975, will disputes, and claims in respect of beneficial interests in property.

Claire-Marie was named in Citywealth’s list of Top 10 Powerwomen Trust Litigators 2020 and Top 100 Trust Litigators and Polymaths in May 2020. She’s also ranked in Legal Week’s Private Client Global Elite Directory as ‘One to Watch.’ 

Bradley specialises in complex financial remedy applications, applications concerning the property of non-married couples, and private children law issues. Bradley has extensive experience of international family law cases and frequently acts for clients with substantial assets.

Bradley specialises in complex financial remedy applications, applications concerning the property of non-married couples, and private children law issues. His clients include business owners and executives, City professionals and custodians of inherited wealth and their spouses or partners. Many of Bradley’s clients are international and most have substantial assets.

Bradley has a reputation as a highly skilled negotiator and litigator, with finely tuned judgment and wide ranging technical expertise. He is adept at evaluating cases at an early stage helping clients to make informed choices to achieve effective long term solutions.

Bradley has had particular experience of advising on cases involving the divorce or separation of footballers and their partners. His article “Footballers and tax issues on divorce and separation” appeared in Sports Law and Taxation, SL&T 2021, 12(3), 48-51.

Bradley has been ranked as a Leading Individual for family/matrimonial matters for many years by the highly regarded legal directories Legal 500, Chambers HNW and Chambers UK. Legal 500 UK 2024 notes: “Bradley Williams is a superb solicitor” whilst Chambers HNW 2023 comments: “Williams is a fantastic lawyer who provides a great client service.”

Jennifer is a partner in the divorce and family team at Withers, specialising in legal issues arising from the breakdown of a relationship.

She is recognised as a Rising Star in the Legal 500 UK 2023 which said of her 'In an oustanding firm, she is the one to watch.' Jennifer's practice encompasses financial remedy cases (both for married couples and unmarried couples), disputes about how children should spend their time, relocation cases and prenuptial and postnuptial agreements. Many of her cases have an international dimension or involve trust interests or complex corporate structures, and clients come from many walks of life - often they are high-net worth individuals and sometimes in the public eye, wishing to stay out of in. Jennifer works with her clients sensitively and pragmatically to reach a settlment swiftly and amicably. She gives focussed no-nonsense advice, but is not afriad to fight tenaciously for her clients.

Joanna is a specialist financial and children lawyer who heads up the firm's London family team.

A trained barrister who is also a mediator and collaborative lawyer, her work involves advising clients with complex financial and children issues arising from family breakdown. She also drafts and advises on wealth protection issues such as pre and post marital agreements.

As a partner in a top family law firm, legal expertise is a given. Joanna takes the time not only to get to grips with the legal complexities but also to understand what clients really want and how they want to get there, working together to formulate a strategy and create a team to achieve it.

Leading counsel commented, Joanna is: "Really bright and talented. She is really competent and not at all fazed by the numbers. She is very resourceful in terms of bringing together disciplines to manage cases at that level, she can bring together all of that".

Tom Deely is a solicitor specialising in trust and estate disputes. He acts for a range of clients on a variety of matters, including succession disputes, will challenges, and trust and administration disputes.

Tom is a Senior Associate in the Trusts and Estates Disputes team. He has extensive experience acting for a wide range of clients, from UHNW individuals to vulnerable clients and protected parties, both as claimants and defendants.

Tom is a confident negotiator with significant experience of solicitor-led mediations and round-table meetings. Tom is a pragmatic and decisive litigator who prides himself on his technical knowledge and his client manner, ensuring that the client's needs are at the forefront of his advice.

Tom is a regular contributor to articles and publications is a member of the Association of Contentious Trust and Probate Specialists (ACTAPS) and ConTrA, a network for Contentious Trusts Associates.

Mark focuses on divorce and family law, in particular international cases and those involving trusts. He also deals with pre-nuptial and pre-civil partnership agreements.

Mark also acts in international children’s cases, including relocation cases. His Court of Appeal case of K v K helped to shape the law on relocation. In S v S, Mark achieved relocation but also change of primary carer for the children.

Mark was ranked one of the top ten UK family lawyers in Spear’s Wealth Managements’ Family law index 2017, 2018, and 2019 and was described as “without doubt the best technician in London”.

He was also ranked in The Lawyer’s ‘Hot 100 lawyers’ under Family and Private Client and is listed among the Top 10 Family & Matrimonial Lawyers in Citywealth’s Leaders List and Spear’s Family Law Index’s ‘Top Flight Family Lawyers’. Mark is also listed in Tatler Address Book’s Advisory as one of the leading family lawyers in their trusted network of influential and elite private client experts with “gilt-edged” expertise.

Mark is the co-author of three leading textbooks on family law: International Trust and Divorce Litigation (Third Edition), Same Sex Marriage and Civil Partnership – The New Law, and Model Letters for Family Lawyers, all published by Jordans. Sir James Munby, President of the Family Division, in a review of International Trust and Divorce Litigation said “This is a book which needs to be in the bookcase and in the briefcase of everyone involved on a divorce case with a trust element”.

Mark is a regular commentator on family law issues in the press and TV, having appeared on BBC News and Radio 4’s Today programme. He regularly lectures in England and in offshore jurisdictions on a broad range of family law issues, especially trusts on divorce and pre-nuptial agreements, and was the European Chapter President of the International Academy of Family Lawyers between 2014 and 2016.

Siena Gold advises individuals and the family offices, trustees and financial institutions representing them on personal asset holding structures, cross-border tax, succession planning, family governance, and philanthropy.

She has considerable experience assisting internationally mobile individuals on the tax, succession and practical consequences of various personal structures, with a particular specialism in offshore trusts and the arrangements of entrepreneurs.

Siena frequently advises on pre-UK arrival planning and provides ongoing advice to non-domiciled individuals on their international arrangements.

She is also particularly interested in potentially contentious situations and tax investigations, regulatory and transparency issues.

Having recently spent four months living in Beirut learning Arabic, she also enjoys matters with a Middle Eastern connection.

Nicola is a Partner in the firm's Private Wealth Disputes team. She specialises in trust and estate litigation for high and ultra-high net worth individuals and families, often involving complex capacity issues.

Nicola has particular expertise in claims for breach of trust, inter-family disputes in relation to the administration of estates and constructive trusts, Will disputes and setting aside transactions by reason of mental incapacity and undue influence. Her cases regularly involve multiple jurisdictions and recovering money held offshore.

She has enormous strength across the whole spectrum of Court of Protection work, with particular emphasis on contentious financial applications concerning the estates and businesses of those who may have lost capacity to manage them, financial abuse, gift and statutory Will disputes and the removal of attorneys and deputies.

She is particularly skilful and experienced at dealing with the dynamics of family disputes and adept at untangling the most difficult and challenging of cases.

Duncan is a KC specialising in complex matrimonial finance proceedings, and also acts as an arbitrator and private FDR evaluator in financial cases.

Duncan specialises in financial provision following separation. He represents high and ultra-high net worth individuals, and is used to dealing with complexities arising from trusts, business accounts, taxation and international disputes. He regularly deals with cases involving the music, art, finance, private equity, legal, farming and business industries. He is often instructed where there are knotty points of law.

Duncan has been a Family Law Arbitrator since 2013 and has concluded over 35 arbitrations as arbitrator. He has conducted more than 100 Private FDRs as the evaluator.

Recommended as a leading silk by Chambers UK and the Legal 500 for Family/Matrimonial Finance and Family ADR work.

James practises in all areas of revenue law.

His practice includes advice and litigation in the following areas: personal tax, corporate tax, VAT and other indirect taxes.

Cerisse is a Group Partner in our International Private Client and Trust department, joining in September 2018.

She specialises in all aspects of Guernsey trust and private client law and regularly advises trustees, family offices, high net worth individuals and intermediaries on the creation, restructuring and winding up of trusts and a wide scope of cross-jurisdictional fiduciary transactions.

Richard is a talented family law litigator who advises on the full range of issues which arise on relationship breakdown, with a focus on complex financial claims on divorce.

Richard is regularly instructed in HNW and UHNW divorces and is known for his expertise in the financial sector, overseas assets, trusts and complex ownership structures. Richard has a particular specialism in cases involving private equity interests.

Richard is experienced in obtaining emergency injunctions, both to prevent the dissipation of assets and to protect the welfare of a client or their children. Richard also represents clients in challenging child arrangements cases.

Richard is known for his focused and strategic approach to cases, and his determination to achieve a good result for his clients.

In addition to his Family work, Richard has a complementary litigation practice focused on trust and Inheritance Act disputes arising on the breakdown of a relationship.

Oliver advises trustees, protectors, high-net-worth individuals, charities and beneficiaries in a broad range of domestic and offshore trust and estates disputes, including claims relating to breach of trust, sham, mistake and challenges to trusts on divorce or insolvency. He also advises on trustees’ applications for rectification, directions or construction issues, variation of trusts applications and applications for the removal of trustees.

Oliver is a member of the Association of Contentious Trusts and Probate and regularly writes for legal publications specialising in trust and estate matters. He co-authors the trust litigation chapter in the STEP-approved loose-leaf Planning and Administration of Offshore and Onshore Trusts and is a member of the ‘LexisNexis panel of Private Client experts’.

Sofia trained and qualified in personal tax at PwC before going onto work at Citibank. She holds qualifications with the UKs premier tax institution, The Chartered Institute of Taxation.  She brings all this experience and much more to all of her work and is best placed to provide tax advice on any range of personal tax issues that may arise during a divorce. From one party being under HMRC investigation to capital gains tax positions on multiple property holdings Sofia can provide quick, effective and clear advice.

Chris Pocock specialises in divorce and matrimonial finance in disputes between high net worth parties. He has a wealth of experience dealing with complexities involving corporate and other businesses and/or complex remuneration packages, as well as with cases involving offshore and onshore trust and other asset-holding structures. Many, if not most, of his cases involve international and cross-border aspects, either substantively or in relation to enforcement.

Chris is ‘a skilled advocate (2020 Legal 500); ‘Very commercial, sensible and pragmatic in his advice”. “He’s excellent in cases where the detail is important.” (Chambers & Partners 2020)’

Clementine is a Legal Director specialising in contentious trusts and estates and commercial litigation.

She is recommended in both fields by The Legal 500 2024.

Clementine is particularly experienced in matters involving complex corporate / trust structures, company law issues and multi-jurisdictional elements, having begun her career as a corporate solicitor specialising in private equity and also spent time on secondment at the investment funds Oaktree Capital and Hambro Perks.

Clementine trained and qualified at Weil Gotshal & Manges, practising there and subsequently at Farrer & Co before joining Payne Hicks Beach in 2022.

She read English at Cambridge before completing the GDL and LPC (both with Distinction) and also has Higher Rights of Audience.

Amanda has been appointed by the Lord Chief Justice to sit as a Deputy High Court Judge in the Chancery Division. Amanda will be sitting as a deputy judge for up to six weeks each year, and will also continue to practice full time from Chambers.

Amanda took silk in 2015 and is widely regarded as a leading tax and trusts practitioner. She has a thriving advisory practice in both private client and corporate tax and is a regular and enthusiastic litigator, most recently appearing in the Upper Tribunal in HMRC v BlueCrest Capital Management (UK) LLP [2023] UKUT 00232 (TCC) with Oliver Marre in the first case on the salaried members rules.

Amanda’s practice falls broadly into two areas. Firstly, she has a busy litigation practice, having appeared, during her career to date, in the Supreme Court, three times in the House of Lords, eight times in the Court of Appeal, once in the European Court of Justice and twice in the Privy Council as well as a number of appearances before the High Court and First and Upper Tier Tribunal, she has been involved in litigation in most areas of direct and indirect tax, including trusts (particularly varying very substantial trusts) capital gains tax, charities tax, income tax including the impact of European law on the taxation of foreign dividends, the nature of the source of interest and the tax aspects of divorce (including advising on and appearing in the High Court on the UK and foreign domicile tax aspects of the UK’s “biggest divorce”). She has also appeared in the Ugandan Tax Tribunal in a major oil tax dispute.  Secondly, Amanda’s practice continues to involve a substantial amount of advice, planning and structuring work particularly for hedge funds and other alternative investment management entities, ultra high net worth individuals and their associated corporations and trusts including offshore domicile and residency issues and pension taxation issues.

Amanda is recognised in Chambers & Partners, Chambers & Partners High Net Worth and the Legal 500 (Private client), which says: “She has a strong presence and an ability to command the room”. She is recommended in Legal 500 (Corporate and Tax) which says she ‘Instills confidence and really listens to her clients.’ She was Chair of the Chancery Bar Association (2022-2022), is a Bencher of Middle Temple and a Liveryman of the Worshipful Company of Tax Advisors.

Giles specialises in trusts, company and fiduciary obligations litigation, both in London and offshore, as well as associated professional negligence and fraud work.  He also acts in high value financial remedy actions in the Family Division. 

Giles is ranked in Band 1 for all of Traditional Chancery, Commercial Chancery, Offshore, Trusts and Family/Matrimonial: Trusts/Tax Experts in Chambers & Partners being described as “outstanding – incredibly technically able and on top of his game, but very easy to work with.”  He is also recommended in Legal 500 for Private Client: Trusts and Probate ("A silk in all but name - he is so clever and his tactics are fantastic"), for Company law ("a great strategist ") and for Offshore work (“Exceptionally good: clients get a QC quality”).

I work exclusively in family law covering separation, financial provision and divorce (both domestic and cases with an international element). I also tackle child cases with a particular focus on adoption, surrogacy and recognition of foreign orders in Scotland. I am an accredited specialist in both family and child law and I’m one of only a handful of specialist family law solicitor-advocates which permits me to represent client interests in both Court of Session and Sheriff Court litigations. I am a frequent speaker at dedicated Family Law conferences and a regular contributor to legal and other publications.

I believe that our clients value my honesty, pragmatism and support. While legal knowledge is a given, providing the best possible advice relies on understanding each client’s needs and concerns while providing a constant channel of support throughout their case.

It is rewarding work and childcare cases which resolve amicably with the child placed at the forefront and their future stability secured are particularly precious to me.