TL4
Virtual

Lockdown Lowdown: 5 important trust decisions you need to know about now

16 Jun 2020

Location: 2.00pm - 3.00pm Virtual Event (Zoom)
Members: £25+VAT - Book by 16 Jun

Lockdown Lowdown: 5 important trust decisions you need to know about now

Highlights

Understand the lessons from the 5 most important trusts decisions  from the key industry players, chaired by the incomparable Elspeth Talbot-Rice QC. 

Get the lockdown lowdown in a 1 hour update on developments in trust law within the last 6 months as a result of the decisions of:

  1. The Guernsey Court of Appeal in December 2019 in Molard v Rusnano – can an adult beneficiary bust a trust which permits the addition of further beneficiaries?
  2. Kawaley J in the Cayman Grand Court in January in HSBC v Tan Poh Lee – when will the Court accept a surrender of trustee discretion?
  3. The English Court of Appeal in March in Dawson-Damer v Taylor Wessing – where is privilege between trustees and beneficiaries now?
  4. The Bermudian Court of Appeal in April in Wong v Grandview – trusts have no substratum.  Who knew?

And bringing us right up to date 

  1. Deputy Bailiff McRae in the Jersey Royal Court in May in Representation re the Grundy Trust- mistake, but not as you know it:  the flexible friend which keeps on bending
Elspeth Talbot-Rice QC
Barrister
XXIV Old Buildings

Elspeth Talbot-Rice QC
Elspeth Talbot-Rice QC Barrister
XXIV Old Buildings
Andreas Kistler
Partner
Carey Olsen (Jersey)

Andreas is a partner in Carey Olsen's trusts and private wealth and litigation teams. He specialises in the court-related aspects of the trusts and private wealth team's practice and has acted in numerous cases involving allegations of breach of trust, fraud and professional negligence, both for plaintiffs and defendants.  He also has experience of mediation of such disputes.

He is also regularly involved in applications by trustees for administrative directions, applications by trustees and beneficiaries for relief on grounds of mistake, applications for orders approving compromises of disputes on behalf of minor, unborn and unascertained beneficiaries and applications for rectification of trust instruments.

In addition, he practises all other aspects of Jersey commercial litigation, including disputes concerning investment funds and Jersey companies, contractual disputes and Jersey intellectual property rights.  


Andreas Kistler
Andreas Kistler Partner
Carey Olsen (Jersey)
Morven McMillan
Partner
Maples Group (Cayman)

Morven is head of Maples and Calder's Trusts & Private Client team in the Maples Group's Cayman Islands office. Her expertise includes contentious and non-contentious international trusts and private client advisory work.

Morven joined the Maples Group in 2016.  Prior to joining, she headed the International Trusts & Private Client team in the Cayman Islands office of an offshore law firm and before that was a partner and head of the Trusts & Fiduciary Disputes team at Charles Russell (now Charles Russell Speechlys) in London.  Morven has been top ranked in Chambers and PartnersLegal 500 and Who's Who Legal.  She has been described by Legal 500 as "superb with clients, able to handle contentious and non-contentious matters with equal expertise, and deservedly well regarded in the industry as an international star".  Morven has also been recognised by the Chambers and Partners High Net Worth guide and as a 'Thought Leader' for Private Client by Who's Who Legal.


Morven McMillan
Morven McMillan Partner
Maples Group (Cayman)
Rupert Morris
Partner
Walkers (Guernsey)

Rupert Morris is a partner and head of Walkers' Private Capital & Trusts Team in the Channel Islands.  He has almost 15 years' practice as a private wealth specialist focusing on private client advisory and structuring work.

Rupert also has significant experience since qualifying as a Guernsey Advocate in 2010 as a contentious practitioner, appearing before the Guernsey courts at all levels, particularly in respect of applications to vary the terms of trusts.


He is recognised as one of the leading lawyers in his field in Guernsey, and has been elected by his peers as the current Guernsey representative on the STEP Worldwide Council.
Rupert is instructed by many leading fiduciaries, financial institutions, government departments and UHNW individuals in respect of all aspects of local and cross-border advisory and structuring work, impact investment, charitable structures and regulatory matters including tax investigations.


Rupert Morris
Rupert Morris Partner
Walkers (Guernsey)
Ziva Robertson
Partner
McDermott Will & Emery (UK)

Ziva Robertson
Ziva Robertson Partner
McDermott Will & Emery (UK)

Agenda

1.55pm
Audience Logon
2.00pm
Chair's Opening Remarks
Speakers:
Elspeth Talbot-Rice QC - Barrister - XXIV Old Buildings
2.05pm
Lockdown Lowdown: 5 important trust decisions you need to know about now
Speakers:
Andreas Kistler - Partner - Carey Olsen (Jersey)
Morven McMillan - Partner - Maples Group (Cayman)
Ziva Robertson - Partner - McDermott Will & Emery (UK)
Rupert Morris - Partner - Walkers (Guernsey)
Elspeth Talbot-Rice QC - Barrister - XXIV Old Buildings
2.45pm
Panel Q&A
3.00pm
Chairs Closing Remarks & End of Event
Speakers:
Elspeth Talbot-Rice QC - Barrister - XXIV Old Buildings

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