Private Client: Guernsey - 4th Annual Edition

Bringing together local offshore practitioners and onshore specialists to discuss key contentious and non-contentious developments.

1st October 2024 | In-Person | The Duke of Richmond Hotel Guernsey

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Agenda

Registration
9.00am

Chair's Opening Remarks
9.30am

Bryony Cove, Partner
Farrer & Co

Examining the Non-Dom Changes and Further Political Developments
9.40am

  • What the changes to the rules mean for your jurisdictions in practice
  • How the rule changes impact clients with different tax profiles
  • How the changes impact where clients choose to reside and establish their trusts 
  • Further policy implications

Beatrice Puoti, Partner
Stephenson Harwood

Alasdair Wilson, Managing Associate
Harbottle & Lewis

Alberto Brazzalotto, Partner
Maisto e Associati (Italy)

Claire Randall, Partner
Farrer & Co

Navigating Key Tax Matters and Avoiding Pitfalls
10.25am

  • What should intermediaries consider when discussing tax investigations with clients?
  • How HMRC and the IRS are using their resources – is it fit for purpose?
  • What issues should practitioners look out and prepare for when dealing with HMRC investigations

Waqar Shah, Partner
Kingsley Napley

Sarah Farrow, Partner, Private Client Services
EY

Networking & Refreshment Break
11.10am

Understanding the Importance of Stress-Testing Trust Structures
11.30am

  • Internal and external angles of attack and how to proof trusts against them
  • Firewall provisions and their protective powers
  • Trusts variations and how they can leave trusts vulnerable

Monika Byrska, Partner
Howard Kennedy

Kerrie Le Tissier, Director
Highvern

Kyra Motley, Partner
Boodle Hatfield

Clementine Dowley, Legal Director
Payne Hicks Beach

Trusts in Divorce: Ensuring You are Prepared for the Breakdown of a Marriage
12.15pm

Key areas in which trustees get it right - and get it wrong - in divorce and trust cases. Including:

  • 10 years on: has Otto Poon ‘rattled the trust industry’ in Hong Kong, as originally reported by the Financial Times in 2014?
  • The perils of answering - and not answering - the Charman/Otto Poon likelihood test: is the test a lose-lose scenario?
  • The dangers of the Liechtenstein ‘criminal offence defence’ as shown in Barclay v Barclay [2022] EWHC 2026.
  • Reputational and other risks for trustees in divorce and trust cases.

The need for trustees to promote the use of pre- and postnuptial agreements - and be involved in the negotiations.

Marcus Dearle, Senior Partner
Miles Preston

Ben Havard, Partner
Collas Crill (Guernsey)

Networking & Lunch Break
1.00pm

Discussing Next Gen Issues, Inheritance and ESG
2.00pm

  • Wealth transferal and preparing clients for inheritance
  • Next gen priorities – will they prioritise principles over profits
  • How has the concept of ESG evolved
  • Is ESG a false dawn?

Catherine Grum , Founder
Catherine Grum Consultancy

Matthew Braithwaite, Partner
Wedlake Bell

Paul Hardwick, Partner
Macfarlanes

Analysing The Role of Trustees and Trust Administration
2.45pm

  • A trustee’s duties and obligations  
  • Blessing applications and the Denaxe case
  • What should a trustee do during contentious situations

Roberta Harvey, Partner
Forsters

Nigel Mifsud, VP, Senior Strategic Relationship Manager
Butterfield

Kirstie McGuigan, Partner
Taylor Wessing

Networking & Refreshment Break
3.30pm

Navigating Tech, Cryptocurrency & AI and its Impact on the Private Client Sector
3.50pm

  • Crypto asset recovery
  • The increase used to AI in private client law
  • How AI will impact transparency and privacy
  • Modern tech that is impacting trusts directly

Niklas Schmidt, Partner
Wolf Theiss, Austria

Addressing Insolvent Trusts and Circumstances of Insolvency
4.35pm

  • Problems with administering insolvent trusts
  • Financial irregularities that can result in insolvency
  • Takeaways from the Adams Judgment
  • Sham and illusory trusts

Alison Ozanne, Partner
Walkers

Stuart Leach, Founder
Stuart Leach Associates

Chair's Closing Remarks
5.20pm

Bryony Cove, Partner
Farrer & Co

9.00am
Registration
9.30am
Chair's Opening Remarks
Bryony Cove - Partner - Farrer & Co
9.40am
Examining the Non-Dom Changes and Further Political Developments
  • What the changes to the rules mean for your jurisdictions in practice
  • How the rule changes impact clients with different tax profiles
  • How the changes impact where clients choose to reside and establish their trusts 
  • Further policy implications
Beatrice Puoti - Partner - Stephenson Harwood
Alasdair Wilson - Managing Associate - Harbottle & Lewis
Alberto Brazzalotto - Partner - Maisto e Associati (Italy)
Claire Randall - Partner - Farrer & Co
10.25am
Navigating Key Tax Matters and Avoiding Pitfalls
  • What should intermediaries consider when discussing tax investigations with clients?
  • How HMRC and the IRS are using their resources – is it fit for purpose?
  • What issues should practitioners look out and prepare for when dealing with HMRC investigations
Waqar Shah - Partner - Kingsley Napley
Sarah Farrow - Partner, Private Client Services - EY
11.10am
Networking & Refreshment Break
11.30am
Understanding the Importance of Stress-Testing Trust Structures
  • Internal and external angles of attack and how to proof trusts against them
  • Firewall provisions and their protective powers
  • Trusts variations and how they can leave trusts vulnerable
Monika Byrska - Partner - Howard Kennedy
Kerrie Le Tissier - Director - Highvern
Kyra Motley - Partner - Boodle Hatfield
Clementine Dowley - Legal Director - Payne Hicks Beach
12.15pm
Trusts in Divorce: Ensuring You are Prepared for the Breakdown of a Marriage

Key areas in which trustees get it right - and get it wrong - in divorce and trust cases. Including:

  • 10 years on: has Otto Poon ‘rattled the trust industry’ in Hong Kong, as originally reported by the Financial Times in 2014?
  • The perils of answering - and not answering - the Charman/Otto Poon likelihood test: is the test a lose-lose scenario?
  • The dangers of the Liechtenstein ‘criminal offence defence’ as shown in Barclay v Barclay [2022] EWHC 2026.
  • Reputational and other risks for trustees in divorce and trust cases.

The need for trustees to promote the use of pre- and postnuptial agreements - and be involved in the negotiations.

Marcus Dearle - Senior Partner - Miles Preston
Ben Havard - Partner - Collas Crill (Guernsey)
1.00pm
Networking & Lunch Break
2.00pm
Discussing Next Gen Issues, Inheritance and ESG
  • Wealth transferal and preparing clients for inheritance
  • Next gen priorities – will they prioritise principles over profits
  • How has the concept of ESG evolved
  • Is ESG a false dawn?
Catherine Grum - Founder - Catherine Grum Consultancy
Matthew Braithwaite - Partner - Wedlake Bell
Paul Hardwick - Partner - Macfarlanes
2.45pm
Analysing The Role of Trustees and Trust Administration
  • A trustee’s duties and obligations  
  • Blessing applications and the Denaxe case
  • What should a trustee do during contentious situations
Roberta Harvey - Partner - Forsters
Nigel Mifsud - VP, Senior Strategic Relationship Manager - Butterfield
Kirstie McGuigan - Partner - Taylor Wessing
3.30pm
Networking & Refreshment Break
3.50pm
Navigating Tech, Cryptocurrency & AI and its Impact on the Private Client Sector
  • Crypto asset recovery
  • The increase used to AI in private client law
  • How AI will impact transparency and privacy
  • Modern tech that is impacting trusts directly
Niklas Schmidt - Partner - Wolf Theiss, Austria
4.35pm
Addressing Insolvent Trusts and Circumstances of Insolvency
  • Problems with administering insolvent trusts
  • Financial irregularities that can result in insolvency
  • Takeaways from the Adams Judgment
  • Sham and illusory trusts
Alison Ozanne - Partner - Walkers
Stuart Leach - Founder - Stuart Leach Associates
5.20pm
Chair's Closing Remarks
Bryony Cove - Partner - Farrer & Co

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