Thought Leaders 4 | Private Client

Security Deposit For Costs in Liechtenstein Civil Proceedings: Not To Underestimate

In Liechtenstein civil proceedings, the principle applies that the losing party in the proceedings must reimburse the winning party for the legal costs, fees and expenses incurred by it. As Liechtenstein is not a member state of the Lugano Convention, decisions by Liechtenstein courts on this reimbursement of costs cannot be enforced abroad without further ado. The procedural obligation to provide a security deposit for costs (so-called actuarial deposit; cautio iudicatum solvi) is therefore of crucial practical importance.

Arbitration of Trust Disputes

There has been a shift in recent years towards favouring open justice over court proceedings being held in private. Disputes in respect of trusts have not been immune to this trend and in the UK, as well as the Channel Islands, BVI, the Cayman Islands and Bahamas the Courts have been seen to scrutinise applications for proceedings to be held in private more carefully.

Fools Make Feasts and Wise Men Eat Them

Wisdom and wealth part company in an environment of unmediated conflict. When families and individuals with wealth disagree, the emotional dynamic overlaying disharmony can amplify disagreement quickly. Early, skilled professional support can help to prevent conflict from spiralling to the detriment of everyone involved.

Access To Evidence Used in Criminal Proceedings

On occasion, evidence acquired during criminal investigations and/or proceedings can be useful in contested probate disputes. Aside from the crossover embodied in the well-known forfeiture rule, there are further intersections between the two areas. For example, issues relating to criminal conduct may be a relevant consideration when challenging a Will for forgery or fraud, or under section 3(1)(g) under the Inheritance (Provision for Family and Dependants) Act 1975 which states that in exercising its power the Court shall have regard to the conduct of the applicant or any other person. It is unsurprising that evidence regarding previous convictions, investigations and evidence are highly sought-after for probate disputes.

Presumption of Death: What Do I Do If A Loved One Has Been Missing For A Long Time?

Situations can arise when a person has been ‘missing’ some time, leaving their loved ones to face the unwelcome issue of how the missing person’s affairs are to be dealt with.

That prospect, though entwined with an undoubted reluctance to accept the death of the missing person, thankfully does come with some helpful guidance from a legal perspective in the form of the Presumption of Death Act 2013 (“the Act”).

The Law of Unintended Consequences: The ‘Overseas Relationships’ That Are Considered Tantamount To Marriage in England

In recent years, the legal landscape surrounding partnerships and unions has evolved significantly across various jurisdictions.

With the rise in international families, couples should be aware of the financial implications of formalising their relationship abroad as it could in fact be recognised as forming a relationship tantamount to marriage in another jurisdiction.

Carte Blanche: The Court VS The Testator - No-Contest Clauses & The 1975 Act

It is trite law that there is freedom of testamentary expression in England and Wales but there is also no doubt that private client litigation, which effectively thwarts that freedom, is on the rise. There are an increasing number of both will challenges and claims for further financial provision pursuant to the Inheritance (Provision for Family and Dependants) Act 1975 (the 1975 Act). In this context a testator may well want to protect their wishes and their intended beneficiaries from any challenge in the future by including a no-contest clause in their will.

Heiress Estate Wins $21 Million FBAR Penalty Case

Social: A late oil heiress has won what could be a pivotal FBAR decision against the Internal Revenue Service.

The estate of Lavern Gaynor, heiress to the Texaco oil fortune, has won a jury decision concerning $21 million in penalties and interest for her allegedly willful failure to report foreign bank accounts to the U.S. government.

Private Client Magazine Issue 14 - Contentious Trusts

We are delighted to present the Contentious Trusts edition of the Private Client Magazine. In Issue 14, we unveil the challenging landscape of trust disputes. From family dynamics to the evolving legal frameworks across different jurisdictions, our authors examine the intricacies involved in resolving contentious trust matters. We hope you find the following pages insightful, as they shed light on familial relationships and legacy preservation.

Knowledge Hub

Security Deposit For Costs in Liechtenstein Civil Proceedings: Not To Underestimate

Arbitration of Trust Disputes

Fools Make Feasts and Wise Men Eat Them

Access To Evidence Used in Criminal Proceedings

Presumption of Death: What Do I Do If A Loved One Has Been Missing For A Long Time?

The Law of Unintended Consequences: The ‘Overseas Relationships’ That Are Considered Tantamount To Marriage in England

Carte Blanche: The Court VS The Testator - No-Contest Clauses & The 1975 Act

Heiress Estate Wins $21 Million FBAR Penalty Case

Private Client Magazine Issue 14 - Contentious Trusts

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