TL4

TL4 & ConTrA present: The Modern Trust - Contentious Trusts in a Changed Social Landscape

Live and in person, join our experts to discuss the hot topics

and issues facing trusts in today’s world

5th July 2022 - IoD Building, London

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Your Chairs

Edward Cumming QC
Barrister
XXIV Old Buildings

Edward Cumming QC
Edward Cumming QC Barrister
XXIV Old Buildings
Elizabeth Doherty
Partner
Macfarlanes

Elizabeth specialises in international contentious trust, probate and succession disputes, high-value family disputes and proceedings in the Court of Protection.

Elizabeth acts for a wide range of UK and international clients including multinational corporations, trust companies, private companies and a diverse spectrum of high-net-worth individuals.

She has substantial experience as a litigator in the UK courts and in foreign courts, including Bermuda, the Cayman Islands and the British Virgin Islands and has particular expertise in resolving complex and multi-jurisdictional disputes involving the trustees, beneficiaries and protectors of English and offshore family trusts.

Elizabeth has also acted for numerous clients in sensitive and highly confidential disputes in the Court of Protection.


Elizabeth Doherty
Elizabeth Doherty Partner
Macfarlanes

Your Expert Speakers

James Lister
Partner
Stevens & Bolton

James joined Stevens & Bolton in 2017, having trained and qualified at a Top 50 firm. He became a partner in 2019.

James acts predominately for private clients or for those who advise private clients, such as corporate trustees, private banks and other law firms.

James advises on claims by or involving estates and trusts, most commonly involving high-net-worth and ultra-high-net-worth individuals. He acts for executors, trustees and beneficiaries, and also specialises in advising on claims under the Inheritance (Provision for Family and Dependants) Act 1975.

James also has a substantial practice advising on claims overlapping the trusts and family court jurisdictions, dealing with trustees and beneficiaries who have become involved in divorce proceedings and on issues arising from the enforcement and implantation of ancillary relief orders made in divorce proceedings.


James Lister
James Lister Partner
Stevens & Bolton
Sally Tennant OBE
Founding Partner
Acorn Capital Advisers

Sally is the founder of Acorn Capital Advisers, an independent wealth advisers. She has many years of investment, banking, and management experience as an investment manager and Chief Executive.

She is a non-executive director of Waypoint Capital, Hargreaves Property Holdings Ltd and Canaccord Genuity, where she plays an active role in their Advisory Program for Women Entrepreneurs.  From 2011 to 2014 Sally was Chief Executive of Kleinwort Benson and was previously Chief Executive of Lombard Odier (UK) Ltd and Schroders Private Banking.

Sally recently led the successful growth and sale of factor and ESG exposure analytics provider Style Analytics, having been appointed as Chair by Horizon Capital LLP, a London-based private equity firm that invests in high-growth technology and business services companies.

Sally is a patron of Tommy’s the Baby Charity and a trustee of Guy’s and St Thomas’ Charity where she sits on the Investment Committee which oversees the Charity’s substantial endowment. She holds a degree in Politics from the University of Durham.


Sally Tennant OBE
Sally Tennant OBE Founding Partner
Acorn Capital Advisers
Natasha Stourton
Partner
Withers

   

Natasha is a partner in our 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 Stourton "is clearly heading for great things; she has a real presence and is very well liked," says one source, while another notes: "She’s very bright and able - a future star", by Chambers HNW 2020. She is also recommended as a ‘Rising Star’ by Legal 500 2020.

She is described as ‘an outstanding lawyer’, ‘unflappable and has good technical knowledge’.

‘She is approachable, she makes time for clients and she has a really sensible head on her shoulders’.

Natasha has contributed to the past two editions of The Law Society’s Probate Practitioner’s Handbook and the most recent edition of Jordan’s International Trust and Divorce Litigatio


Natasha Stourton
Natasha Stourton Partner
Withers
Oliver Auld
Partner
Charles Russell Speechlys

Oliver advises trustees, protectors, high-net-worth individuals, charities and beneficiaries in a broad range of domestic and offshore trust and estates disputes, including claims relating to breach of trust, sham, mistake and challenges to trusts on divorce or insolvency. He also advises on trustees’ applications for rectification, directions or construction issues, variation of trusts applications and applications for the removal of trustees.

Oliver is a member of the Association of Contentious Trusts and Probate and regularly writes for legal publications specialising in trust and estate matters. He co-authors the trust litigation chapter in the STEP-approved loose-leaf Planning and Administration of Offshore and Onshore Trusts and is a member of the ‘LexisNexis panel of Private Client experts’.


Oliver Auld
Oliver Auld Partner
Charles Russell Speechlys
Arabella Murphy
Director
Propitious

Arabella Murphy has nearly 25 years’ experience of helping individuals and families from around the world to plan for the future and resolve disharmony. She particularly specialises in finding pragmatic, commercial outcomes.

She qualified as a solicitor in 1996 with Allen & Overy LLP, becoming a partner in 2007. In 2009, she was a founding partner of Maurice Turnor Gardner LLP. As a solicitor, Arabella was consistently ranked in the top tiers of the major directories for her expertise in private wealth planning and dispute resolution. She is a member of STEP and has written or co-authored several books on private wealth topics


Arabella Murphy
Arabella Murphy Director
Propitious
Charlotte Fraser
Partner
Farrer & Co.

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 named as an Up and Coming Lawyer for Private Wealth disputes in the Chambers and Partners directory and as a Next Generation Lawyer in the Legal 500 directory. She is also recognised for her Civil Fraud expertise.

Charlotte qualified as a solicitor in 2008.


Charlotte Fraser
Charlotte Fraser Partner
Farrer & Co.
Amy Harvey
Partner
Ontier LLP

Amy Harvey
Amy Harvey Partner
Ontier LLP
Hannah Mantle
Senior Associate, Dispute Resolution
Forsters LLP

Hannah is a senior associate who specialises in a broad range of disputes involving trusts and estates.

She is highly experienced in advising on contentious private client matters, such as claims under the Inheritance (Provision for Family and Dependants) Act 1975 and related questions of domicile; will disputes including validity, rectification and construction; professional negligence claims; inherited property disputes including proprietary estoppel and claims under TLATA 1996; disputes involving trust or estate administration; and applications to approve sales of foreign property on behalf of minor children.

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.  She ensures that each client achieves the best result for them – taking cases to a final Court hearing where necessary, and encouraging settlement and mediation wherever appropriate.

Hannah is a committee member of ConTrA (the Contentious Trusts Association). She studied French and Arabic at the University of London, before obtaining distinctions in the GDL and LPC at the College of Law.  Hannah joined Forsters from Russell-Cooke in 2019.


Hannah Mantle
Hannah Mantle Senior Associate, Dispute Resolution
Forsters LLP
Simon Goldring
Partner
Maurice Turnor Gardner LLP

Simon Goldring
Simon Goldring Partner
Maurice Turnor Gardner LLP
Emilia Piskorz
Managing Associate
Mishcon de Reya LLP

Emilia is a Managing Associate in the Private Wealth Disputes Team in the Private department.

She has experience of contentious trust work with particular expertise in advising and representing corporate and individual trustees and beneficiaries. Emilia's work ranges from high value, complex, and hostile litigation through to acting for trustees in applications to court. She has recently litigated in England, Jersey, Guernsey, Bermuda, Panama, Cayman, Hong Kong, Liechtenstein, Switzerland and New Zealand.

Emilia is an affiliate member of STEP. She is a committee member of ConTrA (the Contentious Trusts Association) and an Associate Member of ACTAPS (The Association of Contentious Trust and Probate Specialists).

Emilia has contributed articles to Trusts & Estates Law & Tax Journal and Trusts & Trustees.


Emilia Piskorz
Emilia Piskorz Managing Associate
Mishcon de Reya LLP
Benoît Mauron
Partner
LALIVE

Benoît A. Mauron joined LALIVE in 2015. He practices in litigation, representing clients in both civil and criminal Swiss proceedings, with a focus on domestic and cross border commercial disputes and fraud litigation, including asset recovery. He is a member of the founding committee of FIRE Starters, an international platform for fraud, insolvency, recovery and enforcement practitioners and frequently represents the firm as a speaker on these topics.

Before joining LALIVE, Benoît A. Mauron worked as an associate in the dispute resolution group of a leading Swiss firm in Geneva (2012-2014) where he also trained (2010-2012).

He holds an LL.M. degree from Columbia Law School (Harlan Fiske Stone Scholar with Honors, 2015) as well as a Master in Swiss law from the University of Lausanne (major in Business Law, magna cum laude, 2009). He is admitted to practise in Switzerland (2012) and in New York (2019).


Benoît Mauron
Benoît Mauron Partner
LALIVE
Gemma Willingham
Partner
Baker McKenzie

Gemma Willingham
Gemma Willingham Partner
Baker McKenzie
Ziva Robertson
Partner
McDermott Will & Emery (UK)

Ziva Robertson
Ziva Robertson Partner
McDermott Will & Emery (UK)
Carmel King
Director
Grant Thornton

I specialise in asset tracing and recovering funds for clients who have suffered a financial loss as a result of fraud. I have 15 years’ experience of using insolvency proceedings, court-appointed receiverships, other civil procedures and litigation funding to conduct investigations, formulate legal claims and enforce judgements.

I have a particular interest in cryptoasset fraud and can assist victims and representatives in investigations and asset recovery strategies. I have the support of our corporate intelligence, forensic, digital and international colleagues to work seamlessly to achieve the best results for our clients, and can operate under a number of fee structures, often working on a contingent basis or with the benefit of third-party funding.

I have experience working in the public and private sectors, having taken instruction from government departments and local authorities in the UK, non-UK governments, and international companies.


Carmel King
Carmel King Director
Grant Thornton
Jessica Crane
Executive Director
London & Capital

Jessica is an Executive Director in the Private Investment Office. She joined London & Capital in 2007 and has broad experience in advising private clients with wealth management and investment strategy.

Jessica is a firm believer in collaboration and believes that the client can often be best advised by all their advisors working closely together. She therefore has a strong network of professional contacts in the legal, tax and fiduciary professions.

She has been recognised as a PAM Top 40 under 40 Wealth Manager, included in the Spears 500 top advisors and is a CityWealth Power Women award winner. She has a Modern Languages degree from Durham University and speaks fluent French and Italian.


Jessica Crane
Jessica Crane Executive Director
London & Capital
Richard Dew
Barrister
Ten Old Square

Richard Dew’s practice is focussed on Wills, Estates and Trusts and related professional negligence. His practice is predominantly litigation, and he is frequently involved in large and complex claims. He also advises and represents in Court of Protection matters and provides expert advice in respect of tax and tax planning (principally capital taxation).

He is the Chair of the STEP Contentious Trusts and Estates SIG and an elected member of the Chancery Bar Association Committee. He is a member of STEP and ACTAPS. He was ACTAPS Contentious Barrister of the Year for 2016.

Richard is an editor of Rossdale’s Administration of Estates and Parker’s Modern Will Precedents and regularly writes and lectures on chancery and private client matters.

Richard has been shortlisted by Chambers UK for the (Chancery) ‘Junior of the Year’ award.


Richard Dew
Richard Dew Barrister
Ten Old Square
Richard Holden
Counsel
Carey Olsen (Jersey)

Richard appears and acts in a broad range of commercial litigation matters, including: contentious and non-contentious trust matters; asset tracing, fraud and enforcement; shareholder, investor and funds disputes; contractual and commercial disputes; cross-border and international litigation (including as to Jersey law points arising in non-Jersey proceedings); injunctions and other applications. 

He is an experienced international practitioner with trial and appellate advocacy experience. 

Richard began his legal career at the London bar and worked for leading law firms in New Zealand and London before moving to Jersey. He practised at the London bar, as a Barrister and Solicitor of the High Court of New Zealand, and was also admitted in New South Wales before being called as an Advocate of the Royal Court of Jersey. 

Alongside legal practice, Richard has held a number of teaching and professional posts, including: at Jersey's Institute of Law, where he was responsible for the Civil and Criminal Procedure Course for qualifying advocates; at Victoria University of Wellington in New Zealand, where he lectured on trusts, equity and succession; and on the English Bar Standards Board, where he was Assistant Chief Examiner in relation to civil litigation, evidence and remedies.

In addition to practising, Richard is the sole author of Offshore Civil Procedure, published by Sweet & Maxwell in conjunction with its "White Book", giving detailed commentary on civil court procedure and practice in Jersey, Guernsey and the Isle of Man. He is Visiting Professor of Trusts Law at Jersey's Institute of Law, a member of the Advisory Group for the Proposed Restatement of the Jersey Law of Contract, and an honorary member of the Chancery Bar Association.


Richard Holden
Richard Holden Counsel
Carey Olsen (Jersey)
Alona Golling
Senior Trust Officer
Summit Trust Group (Geneva)

Alona holds a Master’s degree in Economics from Plekhanov Academy of Economics in Moscow, as well as a Master’s degree in Human Resources Management from Golden Gate University in San Francisco. She became STEP-accredited in 2013.

She joined Summit in 2008 as a member of the family office team – the team that is focused on larger, more complex structures where a family office is involved – and since that time gained a wealth of experience in administration and management of trusts and companies that own investment portfolios, as well as more “exotic” assets, such as residential and commercial real estate, private jets and yachts, art collections and private equity investments.

Alona speaks fluent English, Russian and French.


Alona Golling
Alona Golling Senior Trust Officer
Summit Trust Group (Geneva)
Leigh Sagar
Barrister
New Square Chambers

Leigh Sagar is a barrister of England and Wales whose practice includes: 

(a)   trusts and estates and commercial advice and litigation 

(b)   the administration of digital information, created and used by deceased persons and persons who lack capacity in relation to their property and affairs and related litigation 

(c)    the administration and taxation of bitcoin and other cryptocurrencies and tokens and related litigation

He is a member of the Society of Trust and Estate Practitioners (STEP) and the Association of Contentious Trust and Probate Specialists (ACTAPS).

Leigh is an editor of chapters in Williams Mortimer & Sunnucks, including probate claims and administration actions, procedures towards obtaining grants and the administration of digital information. He has written a book on The Digital Estate, published in March 2018.


Leigh Sagar
Leigh Sagar Barrister
New Square Chambers
James Weale
Barrister
Serle Court

James is ranked in Tier 1 for Private Client: Trusts and Probate (Legal 500 (2021)) and is ranked as a leading practitioner in Legal 500, Chambers UK Bar, Chambers High Net Worth, Chambers Global, and Who’s Who Legal across a number of different fields, where he is described as a “brilliant lawyer” and a “superstar”.

James has acted in some of the most significant trust cases in recent years including: Wong v Grand View Private Trust Company and ors (Civil Appeal No. 5A of 2019 (invalidating decisions based on loss of substratum) ) (to be heard by the Privy Council in March 2022); Wong v Grand View Private Trust Company and ors (Case No.44 of 2018) (5 month trial of claims to set aside trusts with assets worth around $20 billion); Sofer v SwissIndependent Trustees Ltd [2020] W.T.L.R. 1075 (CA) (claim for fraudulent breach of trust); Schwartz v VGV (UK) Ltd [2020] EWHC 3500 (Ch) (committal proceedings against trustee and protector); Hartogs v Sequent (Schweiz) AG [2020] W.T.L.R. 505 (setting aside transfers for mistake).


James Weale
James Weale Barrister
Serle Court
George Porter
Senior Associate
Taylor Wessing

George is an Senior Associate within the Private Client group specialising in contentious trusts. He advises on contentious trust and estate matters with a focus on advising and representing trustees and high net worth individuals on a range of trust issues in litigation. George also advises on disputes involving challenges to wills, claims under the Inheritance (Provision for Family and Dependants) Act 1975, proprietary estoppel and other equitable claims including trust Arbitrations. 


George Porter
George Porter Senior Associate
Taylor Wessing
Alex Cooke
Chief Executive Officer
Schneider Financial Solutions

Alex is one of the co-founders of Schneider Financial Solutions and is responsible for the company’s continued growth, product development and chairs the credit committee. Alex has been responsible for writing some of the largest and most complicated loans in the matrimonial funding space, often including jurisdictional disputes and or Part III applications.

Before setting up Schneider Financial Solutions Alex ran a private wealth consulting business with clients including offshore trustees, family offices, investment managers and chartered accountants. He has significant experience in the commercial real estate sector, especially in the structuring and implementation of alternative finance arrangements.


Alex Cooke
Alex Cooke Chief Executive Officer
Schneider Financial Solutions
Josh Lewison
Barrister
Radcliffe Chambers

Josh Lewison
Josh Lewison Barrister
Radcliffe Chambers
Tets Ishikawa
Managing Director
Lion Fish

Tets Ishikawa was appointed Managing Director of LionFish upon its launch in May 2020. He started his career as an investment banker, structuring and marketing derivative and securitisation transactions at ABN AMRO, Goldman Sachs and Morgan Stanley as well as being a founding partner of fixed income agency broker Amias Berman & Co LLP.

He has been involved in litigation funding since 2011, alongside various other business activities as both adviser and investor, including setting up captive litigation funder Sparkle Capital Ltd , for Acasta in 2014. A long established and leading figure in the litigation finance industry, he was most recently responsible for running the ATE business at Acasta Europe Ltd, as well as managing Sparkle Capital Ltd which he built into a prominent market player.


Tets Ishikawa
Tets Ishikawa Managing Director
Lion Fish
Jeremy Child
Partner
Harneys

Jeremy Child is a partner in Harneys’ Litigation and Insolvency department, having joined in 2011. He both appears in court and advises on strategy and procedure relating to international commercial disputes, trusts litigation, fraud, asset-tracing and preservation, and insolvency and restructuring, serving clients from both our London and BVI offices.

Previously, Jeremy spent eight years practicing as a chancery barrister at Enterprise Chambers in London where he remains a door tenant. Jeremy has appeared in many of the BVI's most significant cases such as Ciban Management Corporation v Citco (BVI) Ltd (duties of a sole director and duomatic principle) and Westburg Anstalt v Profitstar Anstalt (ability of court to grant leave for service out of the jurisdiction to enforce a foreign judgment).

Jeremy is a member of RISA and an overseas member of the Chancery Bar Association.


Jeremy Child
Jeremy Child Partner
Harneys
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)
Oliver Passmore
Partner
Ogier (Jersey)

Oliver's practice includes all aspects of contentious trusts matters, shareholder disputes, fraud and asset tracing, insolvency, banking and regulatory matters. 

Oliver has considerable contentious trusts expertise, having worked on some of the most complex and high value contentious trust matters on which Ogier has been instructed. Oliver is also regularly instructed in relation to non-contentious trust applications such as mistake, Hasting-Bass, rectification and variation. He is a recognised thought leader in the area, regularly speaking and writing on contentious trusts for journals such as Trusts and Trustees. He sits on the steering committee for STEP's contentious trusts and estates special interest group.

Oliver also has considerable experience in corporate disputes and non-contentious company applications including: acting for shareholders in unfair prejudice proceedings, joint venture disputes, advising on procedure at contentious general meetings, advising directors in relation to allegations of breach of duty, and acting for companies in relation to members' schemes of arrangement.


Oliver Passmore
Oliver Passmore Partner
Ogier (Jersey)

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