Trusts in Divorce: The 3rd 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. 

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.

Ashleigh is a partner in our Dispute Resolution team. She advises UK and international clients on high value and complex disputes. She has particular expertise in contentious trusts including advising on trustee powers, breach of trust claims, applications for the removal and replacement of trustees and disputes involving protectors and the variation of trusts. Probate disputes also form part of Ashleigh’s practice including advising on will challenges, 1975 Inheritance Act claims as well as disputes between executors and beneficiaries. Ashleigh is co-chair of ConTrA (the Contentious Trusts Association).

Paul advises on matters of governance, succession planning, tax, trusts and trust litigation. He has a particular focus on matters involving complex, cross-border structures.

His client base includes individuals, family offices, family-owned businesses, trustees and financial institutions, many of who do not have a significant connection with the UK.

Paul was named a Rising Star in The Legal 500 2024 directory for Private Client - Personal Tax, Trusts and Probate.

Paul regularly advises on issues of governance, and in particular on how to delineate control between owners, officeholders and other fiduciaries in the context of family-owned businesses and structures. 

He advises trustees, protectors and other fiduciaries on good governance practices. He has also advised directors of private and public companies on matters of corporate governance.

Paul advises both UK-based and non-UK based clients on how to put in place successful succession plans. He also assists trustees, directors and family offices in how to implement them.

Paul has extensive experience in drafting and interpreting trust instruments and advising on trustee decision-making and matters of trust administration.

Paul has advised beneficiaries in relation to two of the leading Public Trustee v Cooper trustee blessing applications in Bermuda over the last five years.

Paul advises on all matters of UK personal taxation. He has a particular focus on UK tax issues involving non-UK resident trusts and advises taxpayers and fellow professionals about the conduct of HMRC investigations.

Andrew has significant experience of trust-related matters (both offshore and onshore) and is one of the go-to barristers for ‘big money’ divorce cases involving trust or company related issues.  He was first instructed in the seminal case of Charman and has since acted in many of the leading cases in this area.  Andrew acts for divorcing parties, trustees, companies and other third parties, whether on his own or as part of a team of advisers on the highest value and most important matrimonial cases. The 2023 edition of Chambers & Partners says that Andrew is "a real team player, he is exceptionally pleasant and really smart. He cuts through issues really quickly and is a brilliant leader", “whose advocacy is excellent” and “Andrew is a proactive silk who maintains an excellent grip throughout his cases.  In court he’s very calm and measured even in the fraught context of an acrimonious divorce hearing”.

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)’

Jane Keir is a partner in the family and divorce team. Described as a "class act" by her peers and colleagues alike, she is  "absolutely dedicated to getting the job done for her clients many of whom are high profile or international".

Jane acts for equal numbers of men and women and many of her clients come from across the country and abroad, as well as London.  Much of her work involves an international element and she enjoys working with other lawyers, accountants, actuaries, financial advisers, wealth managers and investigators in order to provide a thorough and comprehensive service to her clients. In addition, she has immediate recourse to all the other leading teams at Kingsley Napley LLP, including Private Client, Immigration and Real Estate.

Tamasin advises high-net worth individuals, trustees and fiduciaries on complex international trust disputes including sham, breach of trust claims, mistake and claims involving protectors. She also advises trustees on administration actions such as applications for directions.

She advises on multi-jurisdictional injunctions and claims for the recovery of assets arising out of such disputes. Her practice also includes domestic and international succession disputes including challenges based on capacity, fraud, undue influence or forgery, proprietary estoppel disputes and claims under the Inheritance (Provision for Family and Dependants) Act 1975. Tamasin routinely advises on professional negligence claims arising out of trust and succession disputes and tax advice. She also acts on many contentious matters for charities and in complex contentious Court of Protection matters.