Contentious Trusts 2024: The 3rd Annual Summit

The only event bringing together private client, divorce, and insolvency specialists to address trusts under attack across key jurisdictions. 

4th July 2024 | Central London | In-person

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Agenda

Registration
9.00am

Morning Chairs’ Opening Remarks
9.30am

Charlotte Fraser, Partner
Farrer & Co

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

Graeme Kleiner, Partner
Charles Russell Speechlys

Laura Phillips, Legal Director
Kingsley Napley

Exploring the Key Implications of Capacity for Contentious Trusts
10.20am

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

Jonathan Arr, Partner
Macfarlanes

Refreshment break
11.00am

Highlighting Contentious Tax Issues in a Trust Context
11.20am

  • International tax planning
  • Managing investigations from HMRC and the DOJ 
  • 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 

Emma Jordan, Partner
Taylor Wessing

Networking and Lunch Break
1.20pm

Jurisdictional Roundtables
2.30pm

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

Session 1: Offshore Issues

  • What UK practitioners need to know about different jurisdictions 
  • Firewalls and enforcement on a trust structure  

Session 2: Chancery Issues

  • What offshore practitioners need to know about UK law
  • Considerations when moving from an offshore jurisdiction to London

Jurisdictional Roundtables (Repeated)
3.00pm

Networking and Refreshment Break
3.30pm

Examining Estate Pitfalls that can Lead to Attacks
3.50pm

  • 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

Nicholas Holland, Partner
McDermott, Will & Emery

Discussing the Circumstances in which to Exercise Protective Powers
4.30pm

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

Chair's Closing Remarks and End of Conference
5.10pm

Charlotte Fraser, Partner
Farrer & Co

9.00am
Registration
9.30am
Morning Chairs’ Opening Remarks
Charlotte Fraser - Partner - Farrer & Co
9.40am
Understanding How Divorce is Used to Attack Trusts
  • 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
Graeme Kleiner - Partner - Charles Russell Speechlys
Laura Phillips - Legal Director - Kingsley Napley
10.20am
Exploring the Key Implications of Capacity for Contentious Trusts
  • How litigation happens in the court of protection 
  • Handling cases with an international aspect 
  • Capacity loss and attacks pre and postmortem 
  • Capacity cases with an international aspect
Jonathan Arr - Partner - Macfarlanes
11.00am
Refreshment break
11.20am
Highlighting Contentious Tax Issues in a Trust Context
  • International tax planning
  • Managing investigations from HMRC and the DOJ 
  • Commonly encountered contentious tax issues 
  • Tax mistakes that leave trusts vulnerable to tax authority attacks 
12.00pm
Managing Trusts in Proceeds of Crime
  • The use of offshore structures in illegality and criminality 
  • No consent regimes 
  • Confiscation of assets 
12.40pm
Insights into Trust Arbitration as a Dispute Resolution Method
  • First appeal in trust arbitration 
  • Impact of the Volpi Judgment 
  • Arbitrating international trust disputes 
Emma Jordan - Partner - Taylor Wessing
1.20pm
Networking and Lunch Break
2.30pm
Jurisdictional Roundtables

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

Session 1: Offshore Issues
  • What UK practitioners need to know about different jurisdictions 
  • Firewalls and enforcement on a trust structure  
Session 2: Chancery Issues
  • What offshore practitioners need to know about UK law
  • Considerations when moving from an offshore jurisdiction to London
3.00pm
Jurisdictional Roundtables (Repeated)
3.30pm
Networking and Refreshment Break
3.50pm
Examining Estate Pitfalls that can Lead to Attacks
  • 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
Nicholas Holland - Partner - McDermott, Will & Emery
4.30pm
Discussing the Circumstances in which to Exercise Protective Powers
  • How and when protective powers can lead to a trust becoming contentious 
  • What to consider when appointing a protector
  • Removal applications and strategies for removal
  • Managing disgruntled beneficiaries
5.10pm
Chair's Closing Remarks and End of Conference
Charlotte Fraser - Partner - Farrer & Co

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