Contentious Trusts 2024: The 3rd Annual Summit

Registration
9.00am

Morning Chairs’ Opening Remarks
9.30am

Understanding How Divorce is Used to Attack Trusts
9.40am

• Recent approaches from the family court 
• FDR hearing involving trustees 
• Nuptial settlements – what they are and how they are proven
• How and when trusts are brought into divorce

Exploring the Key Implications of Capacity for Contentious Trusts
10.20am

• How litigation happens in the court of protection 
• Capacity loss and attacks pre and postmortem 
• Capacity cases with an international aspect

Refreshment break
11.00am

Highlighting Contentious Tax Issues in a Trust Context
11.20am

• International tax planning
• Managing investigations from HMRC and other authorities 
• Commonly encountered contentious tax issues 
• Tax mistakes that leave trusts vulnerable to tax authority attacks 

Managing Trusts in Proceeds of Crime
12.00pm

• The use of offshore structures in illegality and criminality 
• No consent regimes 
• Confiscation of assets 

Insights into Trust Arbitration as a Dispute Resolution Method
12.40pm

• First appeal in trust arbitration 
• Impact of the Volpi Judgment 
• Arbitrating international trust disputes 

Networking and Lunch Break
1.20pm

Roundtable Discussions: Hot Topics Offshore
2.20pm

During this interactive element of the agenda, delegates will break out into 2 groups to discuss the following topics.

Delegates who attend 'Session 1' at 2.20pm will attend 'Session 2' at 3pm. 

Delegates who attend 'Session 2' at 2.20pm will attend 'Session 1' at 3pm.

Session 1: The Proper Purpose Rule

• How to grapple with the proper purpose of a power in the context of changing settlor wishes, following Grand View Private Trust Company & Anor v Wong & Ors [2022] UKPC 47
• Best practice on identifying and recording the proper purpose for trustees.
• Examples of situations where proper purpose might become a contentious issue.

Session 2: Challenges Facing Trustees of an "Insolvent" Trust

• When is a trust insolvent?
• Why does it matter?
• What insolvency regime applies?
• Priority of equitable lien?
• What does the trustee of an insolvent trust do?
• Change in duties
• Priority rights
• Assistance of the court?
• Assistance of insolvency practitioner?

Roundtable Discussions: Hot Topics Offshore (Repeated)
3.00pm

Networking and Refreshment Break
3.40pm

Examining Estate Pitfalls that can Lead to Attacks
4.00pm

• Contentious probate and undue influence
• What happens to proceedings after death 
• Claims that survive death and who can bring them
• When can a trust be considered a will

Discussing the Circumstances in which the Role of Protectors Becomes Contentious
4.40pm

• How and when protective powers can lead to a trust becoming contentious 
• What to consider when appointing a protector
• Removal applications and strategies
• Managing disgruntled beneficiaries

Chair's Closing Remarks and End of Conference
5.20pm