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The Role of External Experts in HNW and A-List Litigation

Date: 27/11/2023 Type: Articles Topic: Private Client | Investment and HNWI’s |
Author: Arabella Murphy - Propitious

“The rich are different from you and me”, F Scott Fitzgerald wrote. Ernest Hemingway’s retort, “Yes, they have more money”, has some truth in the context of litigation. The wealthy usually have the same kinds of legal disputes as anyone else (contractual, marital, inheritance and so on), but they have more funds to litigate them and there’s more money at stake.

Is Trust Provision in a Will Ever Reasonable Financial Provision for a Surviving Spouse?

Date: 27/11/2023 Type: Articles Topic: Private Client | Investment and HNWI’s |
Author: Oliver Auld - Charles Russell Speechlys

The modern family can pose a variety of difficulties for high-net-worth individuals when it comes to their estate planning. But perhaps the most common dilemma arises where the individual holds the bulk of the family’s wealth and has a spouse and one or more children from previous relationships, all of whom need to be provided for. In those circumstances, how does the individual make suitable provision for the surviving spouse whilst ensuring the bulk of the wealth ultimately passes to the children?

A Family Affair: The Risks of Going Into Business With Your Family

Date: 24/11/2023 Type: Articles Topic: Private Client | Investment and HNWI’s |
Author: Victoria Pigott, Philippa Rees & Jenny Vipond - Mishcon de Reya

Viewers of Succession will be familiar with siblings squabbling over who succeeds Dad as the next CEO of the multi-billion family business empire. Yet behind the gloss of TV drama, similar scenarios play out in real businesses, as the stresses and challenges of running a business are magnified with the added dimension of personal and family relationships. Such businesses have the potential to be incredible successes but can equally degenerate into bitter inter-generational and/or sibling feuds. So how do family businesses navigate both the legal and personal landscape and make a success of their business? Reflecting on the statutory framework, recent case law and practical considerations, we consider how family boards can function effectively and sidestep the potential pitfalls.

Nuptial Agreements: Where Are We Now?

Date: 24/11/2023 Type: Articles Topic: Private Client | Investment and HNWI’s |
Author: Jennifer Dickson - Withersworldwide

The Supreme Court decision of Radmacher v Granatino [2010] UKSC 42, handed down at the start of my family law career, has undoubtedly been the most significant decision of it so far. It saw Nicolas Granatino receive a much lower award than he had expected, and crucially, heralded a seismic change in the approach of judges and practitioners to nuptial agreements.

Unlocking Hidden Wealth: The Growing Role of Open-Source Intelligence in High Net Worth Disputes and Divorce

Date: 23/11/2023 Type: Articles Topic: Private Client | Investment and HNWI’s |
Author: Ryan Kyle - Neon Century

High Net Worth (HNW) disputes and divorce cases often involve complex financial, legal, and personal relationships, joint assets across multiple jurisdictions. In such cases, the ability to gather accurate and comprehensive information is crucial. Open-Source Intelligence (OSINT) has emerged as a valuable resource in these high-stake situations, uncovering hidden assets, financial irregularities, and pertinent information to facilitate successful client outcomes. In this article, we will explore the value proposition that an OSINT company offers in HNW disputes and divorce proceedings, illuminating how this burgeoning new field of intelligence is having a major impact on the HNW divorce world.

ESG Investments & The Scope of a Trustee’s Powers in Guernsey

Date: 23/11/2023 Type: Articles Topic: Private Client | Investment and HNWI’s |
Author: Abel Lyall, Iona Mitchell & Mariam Marquard - Mourant

One of the questions that trustees have been asking in recent years is to what extent they may use their powers to invest in assets that meet environmental, social and governance criteria (ESG investments). Although ESG may not be a new concern for many HNWs, many in the industry have seen an increasing number of clients prioritising ESG, and this issue will likely only become more relevant as society becomes more ESG-focused.

Pitfalls of Co-Ownership and How To Avoid Them

Date: 23/11/2023 Type: Articles Topic: Private Client | Investment and HNWI’s |
Author: Helena French - Russell Cooke

A key issue that arises across legal disciplines for HNW families and individuals relates to property interests and their protection, as well as disputes that arise when an interest has not been properly protected. Often this occurs when one person is gifting a sum of money or property to another, but also where people are purchasing jointly or providing contributions to a property owned by another.

The Role of Nuptial Agreements in Long Term Planning for HNW Clients

Date: 23/11/2023 Type: Articles Topic: Private Client | Investment and HNWI’s |
Author: Sean Hilton - Stevens & Bolton LLP

Any family law practitioner will be all too familiar with the late call from a prospective client, or indeed one of their advisors, with mere weeks left before a wedding, asking for advice on a nuptial agreement. The wider perception of nuptial agreements is certainly still one of them being a ‘pressure purchase’. All too often they are an afterthought which undermines their complexity but also the thought that needs to go into them from the client’s perspective. This ideology applies not just to the clients themselves, but frequently to professional advisors working in the private client sphere. I would suggest that this is an outdated mindset which fails to recognise the countless scenarios in which a nuptial agreement can assist, and it is a mindset that we as practitioners will need to work to change.