Contentious Trusts 2024: The 3rd Annual Summit

Charlotte Fraser

Charlotte is a partner in Farrer & Co’s Contentious Trusts and Estates team. She acts for executors, settlors, beneficiaries and trustees on a wide range of trust and estate disputes, both onshore and offshore.

Charlotte has extensive experience of complex domestic and multijurisdictional trust disputes involving breach of trust, beneficiary rights of information and jurisdictional issues. Charlotte has particular experience of claims involving fraud and asset tracing and has represented both claimants and defendants in connection with freezing injunctions and disclosure orders. Charlotte frequently advises on succession issues including validity claims, capacity and construction issues as well as claims under the Inheritance (Provision for Family and Dependents) Act 1975.

Charlotte is ranked Band 2 for Private Wealth Disputes in the Chambers High Net Worth directory and as a Next Generation Partner for Contentious Trusts and Probate in the Legal 500 directory. She is also recognised for her Civil Fraud expertise.

James is a Group Partner in Private Client and Trusts team. He joined Collas Crill in January 2024. James is an English barrister and Jersey Advocate and has a busy practice with a particular focus on contentious and non-contentious trust work. 

He advises, undertakes drafting work, and acts for beneficiaries, trustees and other power-holders in relation to breach of trust claims, asset tracing/recovery and claims for secondary liability against accessories, issues concerning trust administration, the appointment and removal of trustees and the exercise of powers, applications to court for directions, the variation and rectification of trusts and the disclosure of information to beneficiaries and third parties, jurisdiction disputes and the enforcement of foreign judgments against trustees and beneficiaries and issues concerning trustees’ rights of indemnity, fees and legal cost.

James also advises in relation to a broad range of contentious commercial and company law disputes. He is named as a Rising Star in Legal 500 UK 2023 and ranked in Chambers UK and Global 2023.

Laura joined Kingsley Napley in 2012 and became a Legal Director in the Dispute Resolution Department in 2023. Laura has particular expertise in Wills, Trusts and Inheritance Disputes but also has a broad range of litigation experience.

Laura’s experience in the area of disputes in relation to trusts and estates includes challenging wills on the basis of lack of testamentary capacity, want of knowledge and approval, fraud, forgery and undue influence. She regularly acts for clients in the Court of Protection. The trusts and estates are often multi-cultural and multi-jurisdiction. Laura also represents both claimants and defendants of Inheritance (Provision for Family and Dependants) Act 1975 claims. In respect of trust experience, Laura is regularly instructed in respect of claims relating to the removal of executors and trustees, claims for breaches of trusts, misappropriation of funds by trustees and professional negligence claims relating to wills and trusts.

Laura is a member of STEP and on the steering committee for the CTAP special interest group. She is also a member of the Contentious Trusts Association (ConTrA). Laura’s expertise has been recognised in the Legal 500.

Jonathan specialises in international contentious trust, probate and succession disputes, high-value family disputes and commercial litigation.

The clients for whom he acts range from multinational corporations, international private wealth managers and trust companies through to a diverse spectrum of high-net-worth individuals both from the UK and from around the world, including South America, Europe and the Middle East.

Jonathan is an experienced litigator in both the UK courts and foreign courts, including Singapore, Bermuda, the Cayman Islands, BVI, the Channel Islands, the Isle of Man and Mauritius. He acts on the full range of matters affecting private clients including breach of trust claims, fraud claims, blessing applications, challenges to wills, Inheritance Act claims, art and cultural property disputes and applications to deal with mistaken advice or flawed decisions by way of rectification or revocation. He has particular expertise resolving difficult and long-running disputes between beneficiaries of both English and offshore family trusts owning large multinational businesses.

As well as acting in court proceedings, he has also advised clients in numerous successful large-scale settlement negotiations and mediations, particularly in the context of family disputes. Jonathan is a member of the Association of Contentious Trusts and Probate Specialists.

Jonathan also has substantial expertise in high-value employment law and commercial disputes, acting for financial institutions, in particular, in the High Court and employment tribunals.

Graeme heads the firm's Private Wealth Disputes team. He advises trustees, executors and beneficiaries in relation to a broad range of disputes. Graeme is recognised in the legal directories as a leader in contentious trust and estates matters. He practises in both domestic and international trust and succession disputes - recent cases have involved parties located in multiple onshore and offshore jurisdictions around the world. Graeme regularly works alongside his colleagues in the family and private client teams on complex multi-jurisdictional issues. He also has a growing practice in IFA disputes and handles fraud and professional negligence cases relating to trust, tax and succession matters.

Graeme is admitted to practise in England and Wales.

Hannah is a partner, specialising in a broad range of disputes involving trusts and estates.

She is highly experienced in advising on contentious private client matters, such as will disputes; claims under the Inheritance (Provision for Family and Dependants) Act 1975; professional negligence claims; and disputes involving trust or estate administration.  Hannah also advises on contentious Court of Protection matters, including statutory will and lifetime gift applications, contested deputyship applications and disputes regarding the registration of Lasting and Enduring Powers of Attorney (LPA/EPA).  She acts for claimants and defendants, based in the UK or overseas, whether private individuals or professionals. 

Hannah is recognised as an Up and Coming partner by Chambers & Partners, and as a Rising Leader by Legal Week’s Private Client Global Elite. 

Nick Holland focuses his practice on international contentious trusts and estates and acts primarily for wealthy families, individuals, institutional trustees, protectors and enforcers in disputes involving offshore trusts. Nick is also often involved in non-contentious international private wealth matters where he brings his extensive knowledge of offshore trusts and jurisdictions as well as potentially litigious outcomes to bear on the difficulties faced by international wealthy families.

Nick is qualified as a lawyer in England and Wales, the Cayman Islands, British Columbia and Ontario; and has played a key role in litigation in the Cayman Islands, Jersey, Guernsey, the Isle of Man, British Virgin Islands, Singapore, Switzerland, Canada and the United States. A Canadian expatriate in London, Nick often advises Canadian individuals and institutions on matters of UK law either himself or where appropriate in conjunction with other members of McDermott’s prestigious private wealth or tax teams.

Nick is co-Chair of the annual highly respected ALM/LegalWeek Global Elite International Trusts and Estates Forum. He chaired the International Trust & Private Client: Isle of Man conferences in 2017 and 2018. He was chair of the Private Client Summer School program held at Cambridge University in 2018 and 2019. He is often asked to speak on International trusts disputes and has done so in amongst other places New York, the Cayman Islands, Bermuda, Toronto, Chicago, New York, Jersey, Guernsey, Provence, the Isle of Man, Singapore, Hong Kong and the United Arab Emirates. He sits on the Consulting Editorial Board for LexisPrivateClient PSL. He is a co-author of “Contentious Trust Matters in the United Kingdom and Offshore Jurisdictions” in International Estate Planning. (New York: LexisNexis, 2019)

Nick is recognised as leading lawyer in the world’s most eminent legal guides and directories including Chambers High Net Worth, Chambers UK, and Legal 500. CityWealth ranked him as one of the top 100 trust litigators internationally in 2020.

Natasha is a partner in the trust, estate and inheritance disputes team. 

She advises on a wide range of trust and succession disputes both onshore and offshore, including trustee/beneficiary disputes, contested probate and 1975 Act claims, and professional negligence in the context of estate planning and trust administration. 

She also advises on Court of Protection matters, including statutory wills, lifetime gifts, contested registrations and Powers of Attorney. 

Natasha has been described by Legal500 and Chambers & Partners HNW as ‘an outstanding lawyer’, ‘unflappable and has good technical knowledge’ and ‘approachable, she makes time for clients and she has a really sensible head on her shoulders’.

She is a contributing author of The Law Society’s Probate Practitioner’s Handbook and Jordan’s International Trust and Divorce Litigation.

Claire-Marie is the lead Partner for the Will, Trust and Estate Disputes team in London.

She specialises in private client disputes and litigation, specifically those concerning trust, estate and succession disputes. Claire-Marie’s clients include private individuals, trustees, executors, administrators, protectors and beneficiaries.

She deals with all manner of disputes both in the UK and internationally, including claims under the Inheritance (Provision for Family and Dependants) Act 1975, will disputes, and claims in respect of beneficial interests in property.

Claire-Marie was named in Citywealth’s list of Top 10 Powerwomen Trust Litigators 2020 and Top 100 Trust Litigators and Polymaths in May 2020. She’s also ranked in Legal Week’s Private Client Global Elite Directory as ‘One to Watch.’ 

I am a Client Services Director in the Jersey office.  Having qualified as a non-practising Barrister and Solicitor of England and Wales I spent five years in private practice in both England and Jersey.

Thereafter I moved into the offshore finance industry in 2009, completing the STEP diploma in International Offshore Administration.  My legal background enables me to specialise in the administration of contentious, complex and / or distressed offshore structures, in particular those involved in litigation or under criminal or tax investigation. 

Rupert Ticehurst is head of dispute resolution at Maurice Turnor Gardner. He joined Maurice Turnor Gardner LLP in January 2019 and heads the firm’s Dispute Resolution team. His practice covers trust, probate and commercial litigation as well as private client advisory work. 

Paul qualified as a solicitor of the Supreme Court of England & Wales in 1995.  Since then he has worked in London and Guernsey specialising in contentious trust and pensions work. Prior to joining Trust Corporation International which joined the Ocorian Group in December 2021, Paul was a group partner with two leading Guernsey law firms and in house legal counsel at a Guernsey utility.

On the trust side, Paul specialises in managing complex disputes, having previously advised on a number of the most significant trust cases in Guernsey in recent years. Paul also works on contentious pension matters, having acted, before joining Trust Corporation, in a number of major pension disputes in Guernsey. Paul has over twenty years’ experience in structuring and establishing complex trusts and pension schemes, and working with their trustees and advisors. 

As well as his trust and pensions work, Paul is also a prolific writer and has published numerous articles on trust and pensions law in practitioners’ and academic journals, and has contributed chapters to a number of books.

Constance specialises in trust and probate disputes.  She has appeared in a number of highly publicised cases, including Reeves v Drew (a probate dispute about the £100m estate of an illiterate testator). In 2016-17 she was Junior Counsel for the Respondent in the landmark case of Ilott v The Blue Cross in the UK Supreme Court. Constance acted for the successful respondent in the important case of Hirachand v Hirachand, in which the Court of Appeal determined in October 2021 that a CFA success fee can be recoverable as part of an award under the 1975 Act.  Constance also has an international practice, and in 2022 appeared twice in the Bermuda Court of Appeal, obtaining a personal costs order against PRs who had departed from a position of neutrality.

James Warner is consultant old age psychiatrist at Halcyon Doctors and Honorary Consultant psychiatrist and Kensington & Chelsea and Westminster Memory Service. James’ clinical and academic interests include mental capacity and dementia. He has contributed to over 100 peer reviewed research papers and a number of books and book chapters. James has also been Chair of the faculty of Old Age Psychiatry at the Royal College of Psychiatrists and National Professional Advisor for Old Age Psychiatry at the Care Quality Commission.

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.  

Waqar is a Partner in the Dispute Resolution department, focusing on the resolution of complex tax matters. He acts for high net worth individuals and corporate clients across all sectors in respect of HMRC disputes and investigations across the full range of taxes. This typically includes VAT disputes, employment tax matters (including 'IR35'/off-payroll working), customs/excise duty issues, tax fraud investigations, and more recently, National Minimum Wage enquiries.

Waqar is known for his commercial approach to matters involving HMRC and has a strong track record of helping clients settle without the need for a court or tribunal hearing, particularly through the effective use of Alternative Dispute Resolution (i.e. mediation) with HMRC. He also has considerable experience in judicial reviews and group litigation orders and has led high profile matters at all levels from the Tax Tribunal through to the Supreme Court (including referrals to the Court of Justice of the European Union).

Waqar has been regularly recognised in both Legal 500 and Chambers & Partners as 'one to watch' and a 'rising star'. He was listed in AccountancyAge's '35 under 35' in 2019 and regularly contributes to Tax Journal, Taxation, and other similar publications. Waqar is also the annual webinar presenter of the key tax cases of the year for Lexis and an active member of the VAT Practitioners Group. Waqar is a qualified member of the Association of Tax Technicians (ATT).

Katie Hooper is a Partner of Mourant in Jersey, practising in Litigation & Dispute Resolution, with a particular specialism in contentious trusts and private client matters.

She is an experienced advocate, being an Advocate of the Royal Court of Jersey and having previously practised at the Bar of England and Wales, in commercial chancery law. Katie has acted and appeared in a number of complex, high-value and multi-jurisdictional trust and commercial litigation cases in Jersey. Katie also regularly advises trustees and beneficiaries on issues arising in the course of the administration of trust structures (both contentious and non-contentious). Katie is described in Legal 500 2024 as "exceptional - very personable and responsive as well as greatly knowledgeable" and, in Legal 500 2023, as "great in Court and always prepares thoroughly. Her calm demeanour always puts a client at ease". She is recommended by Legal 500 as a Next Generation Partner. Katie is also an appointed Trusts and Estates Practitioner (TEP) by STEP and is listed by Private Client Global Elite in their Global Excellence category.

Appointed to silk in 2021, Alexander Learmonth KC has a busy practice and an enviable reputation as a leading figure at the Chancery Bar. Described as “intellectually and technically remarkable” (Legal 500), he is renowned for his “first-rate strategic acumen” (Chambers HNW), and his “great advocacy and cross-examination skills” (Legal 500).  Besides being “an excellent trial lawyer, cerebral but assertive”, “a commanding advocate”, and “a true team player who rolls up his sleeves,” he is also noted for being “charming” and “affable” with clients at what is often a stressful time.

His principal areas of practice are succession and trusts, both at home and abroad, having appeared in many major cases, at every level of court, including the first probate case ever to reach the Supreme Court, Marley v Rawlings. He is editor of leading textbooks: 'Theobald on Wills' and 'Williams, Mortimer & Sunnucks on Executors, Administrators and Probate'.

Alex is a founding partner in 2001 of Hughes Fowler Carruthers, the top tier niche family law practice. Alex specialises in English family law, complex divorce, and financial work and children’s work, in particular international cases. His clients are high net worth individuals with complex legal issues including trusts and jurisdictional disputes, Alex in featured in Spears’ Family Law Index’s ‘Top Recommended Family Lawyers’ list and is also listed in Tatler Address Book’s advisory as one of the leading family lawyers in their trusted network of influential and elite private client experts with “gilt-edged” expertise. He regularly lectures on the interface between divorce and trusts. He is highly recommended by peer review publications and has been involved in a number of high profile and ground-breaking legal cases. Alex has been a regular in Chambers’ band 1 for many years. Chambers UK 2023 quotes a contributor as stating that "He is sharp, incisive and astute; he is tactically brilliant and extremely patient.".

Andrew is a chancery and commercial specialist, whose highly-regarded practice encompasses trusts, fraud and asset tracing, probate and estate administration, and commercial litigation and arbitration.

Chambers & Partners recommends Andrew as top-ranked (band 1) practitioner in his fields of expertise, with recent editions praising him as "one of the best of his generation": a "great strategic thinker", “incredibly tenacious and creative”, an “accomplished advocate”, and “a master of highly technical areas of law.”

Andrew is lauded both as "a clear draftsman who produces well-reasoned opinions" and as a highly effective courtroom advocate, with clients praising him as a "wonderful junior who is very good on his feet." His focus on the client's commercial outcomes is also the subject of consistent praise in the directories: he is “very responsive”; “a hit with clients”; “really user-friendly”; "very approachable, accessible and practical"... a "very commercial" barrister who "puts his legal knowledge into practice in a fantastic way." Andrew is similarly recommended in the latest editions of Chambers Global, Chambers High Net Worth, Legal 500, Citywealth, and Who’s Who Legal.

In the United Kingdom, Andrew enjoys a busy and broad-based commercial and chancery practice. He is well known for his trusts, probate and estates work, with Chambers and Partners praising him as "a sought-after junior for his broader traditional chancery expertise". Andrew is also a sought-after practitioner in relation to complex fraud, asset-tracing and commercial and company/shareholder disputes, particularly where they engage principles of equity.

Andrew also has an extensive international practice. He has deep international trusts expertise, including acting for the settlors, trustees, beneficiaries and protectors of private trusts, as well as for the institutional custodians, directors and professional advisers of trusts, funds and companies. Client feedback in Chambers and Partners is that he is an "outstanding trusts specialist", with one client saying that "there is nothing in the trusts world that he is not familiar with." Andrew also enjoys a highly-regarded practice in the field of international commercial litigation and arbitration, including international fraud and asset-tracing and connected matters engaging principles of international jurisdiction and enforcement. His briefs in this area demonstrate that he is well equipped to navigate clients through the legal and factual complexities inherent in high value international litigation and arbitration.

Tom Deely is a solicitor specialising in trust and estate disputes. He acts for a range of clients on a variety of matters, including succession disputes, will challenges, and trust and administration disputes.

Tom is a Senior Associate in the Trusts and Estates Disputes team. He has extensive experience acting for a wide range of clients, from UHNW individuals to vulnerable clients and protected parties, both as claimants and defendants.

Tom is a confident negotiator with significant experience of solicitor-led mediations and round-table meetings. Tom is a pragmatic and decisive litigator who prides himself on his technical knowledge and his client manner, ensuring that the client's needs are at the forefront of his advice.

Tom is a regular contributor to articles and publications is a member of the Association of Contentious Trust and Probate Specialists (ACTAPS) and ConTrA, a network for Contentious Trusts Associates.

Johanna Walsh is head of Mishcon de Reya’s White-Collar Crime and Investigations Group. She has experience in domestic and international serious fraud, corruption and money laundering cases, acting for senior individuals in investigations and prosecutions brought by the Serious Fraud Office, Financial Conduct Authority, National Crime Agency (NCA), Her Majesty’s Revenue and Customs and the Crown Prosecution Service. Johanna has also acted for a range of corporates, from small and medium-sized businesses to FTSE 100 companies in relation to allegations of fraud and corruption, conducting internal investigations, advising on remediation and representing them in external investigations and prosecutions. She has experience in negotiating deferred prosecution agreements and civil recovery orders.

Johanna is experienced in advising in connection with proceeds of crime investigations, particularly those brought by the National Crime Agency. She represented the respondents to three unexplained wealth orders (UWOs) obtained by the NCA in what was the first successful challenge to UWOs since their introduction in 2018.

Josh Lewison specialises in private client and insolvency litigation.

He has extensive court experience, onshore and offshore, including High Court trial experience and appeals at all levels up to the Court of Appeal. In addition, he is experienced in non-contentious private client matters, particularly trusts and tax. Josh is recognised as a leading junior by both Chambers UK Bar and The Legal 500 UK Bar. He is also admitted to the state bar of California.

Clementine is a senior associate at specialising in trusts/estates litigation and commercial disputes.

She advises individuals and companies on a wide range of domestic and international matters, including claims for breach of fiduciary duty, trustee removal applications, challenges to trustee decision-making, beneficiary information rights, trusts law in the context of divorce proceedings and claims under the Inheritance (Provision for Family and Dependants) Act 1975. She also advises on shareholder disputes, fraud and asset tracing, contractual and negligence claims, disclosure orders and freezing injunctions.

Clementine is particularly experienced in matters involving complex corporate/trust structures, cross-border issues and questions of company law and cross-border issues, given her previous experience as a corporate solicitor at a leading international law firm and as in-house counsel at a major private equity fund.

Clementine trained and qualified at Weil Gotshal & Manges, practising there and subsequently at Farrer & Co before joining Payne Hicks Beach in 2022. She has Higher Rights of Audience and has also spent time as in-house counsel at Oaktree Capital and Hambro Perks.

Giles' practice covers the full range of advisory work on direct and indirect tax issues.

Particular areas of expertise cover corporate reorganisations, employee share incentive schemes, controlled foreign companies’ legislation, tax warranty and indemnity claims, professional negligence, IHT and CGT planning for family-owned businesses, high net worth individuals and onshore and offshore trusts. He has substantial experience and expertise in advising upon and negotiating compromises of Inland Revenue and Customs’ investigation cases. He also sits as an accredited Mediator and is qualified to accept Public Access instructions.

Nicola is a Partner in the firm's Private Wealth Disputes team. She specialises in trust and estate litigation for high and ultra-high net worth individuals and families, often involving complex capacity issues.

Nicola has particular expertise in claims for breach of trust, inter-family disputes in relation to the administration of estates and constructive trusts, Will disputes and setting aside transactions by reason of mental incapacity and undue influence. Her cases regularly involve multiple jurisdictions and recovering money held offshore.

She has enormous strength across the whole spectrum of Court of Protection work, with particular emphasis on contentious financial applications concerning the estates and businesses of those who may have lost capacity to manage them, financial abuse, gift and statutory Will disputes and the removal of attorneys and deputies.

She is particularly skilful and experienced at dealing with the dynamics of family disputes and adept at untangling the most difficult and challenging of cases.

Christian is Managing Partner of Collas Crill LLP in Guernsey and heads up the dispute resolution practice, leading a team of talented litigators with strong expertise in contentious trust and probate matters.

If there is a high value dispute between trustees and beneficiaries; between bank and customer/investor; between commercial entities; between majority/minority shareholders; against directors; or within a contentious liquidation Christian and his team are likely to be acting for one of the parties.

He is among the leading litigators at the Guernsey Bar.  He is ranked in the Legal 500 Hall of Fame; a member of the Private Client Global Elite; the Association of Contentious Trust and Probate Specialists (ACTAPS); STEP, and is also a CEDR accredited mediator.

Morag Ofili is an employed Barrister who is able to provide a wide range of private client litigation and contentious tax services ranging from tribunal litigation and cross-border tax investigations, to trust and estate disputes, fraud, judicial review and professional negligence claims.

Morag is listed in the Spears 500 as a rising star and in Chambers and Partners (HNW) as an associate to watch where one interviewee commented:

“She is a really strong litigator and big on cross-border movement of capital. She is very strong on complex and technical issues, she is fast to come up with practical solutions and she is very client-friendly.” 

In addition to contentious work, Morag is also able to advise clients (predominantly in the film and entertainment sector) on their business interests and any possible tax risks when structuring their affairs around the world.”

Emma advises on contentious matters under Guernsey and BVI law, specialising in complex cross-border trusts disputes.

She has a mix of onshore and offshore experience, and previously practiced with a boutique firm in London specialising in digital asset and cryptocurrency-related disputes.

Emma has more than a decade's experience in private practice in London and in Guernsey – where she advised on the Carlyle litigation, Guernsey's longest-running corporate dispute - and joined Bedell Cristin in 2023.