Unravelling Trusts: Strategies for Navigating Dubious Mental Capacity In Settlors

26 Feb 2024

Location: 3:00pm - 4:00pm UK Time Virtual Event (Zoom)
Members: FREE to attend - Book by 26 Feb
Non Members: Register above as a member and attend for FREE - Book by 26 Feb

Unravelling Trusts: Strategies for Navigating Dubious Mental Capacity In Settlors


How do you advise trustees when the settlor turns out to have mental capacity? This session considers:

  • Which jurisdiction’s law applies to determine capacity to create a trust?
  • What happens if trustees account for the wishes of a settlor lacking mental capacity?
  • What if a protector has lost capacity?
  • Should the trustee investigate, and who will pay for it?
Josh Lewison
Radcliffe Chambers

Josh Lewison
Josh Lewison Barrister
Radcliffe Chambers
Roberta Harvey

Roberta Harvey joined Forsters as a Partner in January 2019, and was appointed Head of the Contentious Trust and Estate (CTE) group on 1 April 2020.

Roberta is a specialist contentious trusts and estates lawyer and has an excellent reputation among her peers in representing high net worth individuals, family offices, trustees, protectors, executors and beneficiaries in respect of such matters. Examples of the cases Roberta deals with are as follows: validity issues, breach of trust, removal applications, construction arguments, freezing injunctions, asset tracing and recovery and the full remit of estate disputes. Roberta’s supportive and constructive approach to litigation inspires confidence in her clients. Roberta fiercely defends her clients’ best interests, while always considering the wider and long-term implications for their personal, financial and commercial interests. Taking a creative approach, Roberta will explore alternatives to court such as mediation, but will take matters to trial when necessary. Roberta also works closely with her family and private client colleagues and often advises on issues that arise in the context of divorce or post and pre-nuptial agreements or on stress testing trust structures.

Roberta is regularly asked to speak at industry conferences. Recent examples include the STEP Cayman International Wealth Structuring Forum, the Trust and Estates Litigation Forum in Marrakech where she spoke on a wide range of issues from fraud, to cross jurisdictional privilege. During the Covid-19 crisis Roberta spoke with Richard Dew of Ten Old Square in relation to Court of Protection matters via zoom. Roberta has been asked to speak at the Trust and Estates Litigation Forum in Cologne, Germany which is now been postponed to March 2022. She also contributes regularly to national and international publications and during the course of last year had articles published in the following publications: Financial Times, Tatler, Money Observer, Private Banker International, eprivateclient and the ThoughtLeaders4 Private Client magazine.

Roberta Harvey
Roberta Harvey Partner
Sally Peedom
Senior Associate
Collas Crill

Sally is a Senior Associate in the Private Client and Trusts team and is based in Cayman. She specialises in both contentious and non-contentious international trusts and private client work.


As a commercial litigator, Sally has experience in shareholder disputes, and insolvency litigation and general commercial disputes. She has more than 13 years of experience working offshore, in both Cayman and Guernsey.

Sally regularly advises trustees, high net worth individuals, family offices and charitable organisations on the establishment, restructuring and administration of trust structures, including in relation to the use of STAR trusts, Foundation Companies and private trust companies. Sally also advises on trust matters relating to the establishment and administration of investment funds structured as unit trusts, pension trusts and employee benefit trusts.

Sally has significant experience in relation to trust litigation matters, including in relation to applications for directions, court blessings, mistake and rectification, as well as grants of probate and letters of administration, and resealing foreign grants.

Work highlights include:

Acted on behalf of a numerous trustees or beneficiaries in connection with several notable rectification, mistake or blessing applications

Advising the joint official liquidators of Platinum Partners Value Arbitrage Fund LP

In the matter of AA (as Trustee of the A Trust) – represented outgoing trustees in an in camera application for a court blessing to replace the trustee in light of investigations being carried out by the Serious Fraud Office

TCCI & Ors v East Forest Green Limited (in liquidation) & others - acted for a former Guernsey Trustee and its directors in relation to a claim for breach of trust and dishonest assistance

Friends Life Group Scheme of Arrangement - assisted with advising on the £5.6bn acquisition of the Friends Life Group

Jackson & Ors v Dear & Ors – acted for the Tetragon entities in relation to a derivative action filed in the Royal Court of Guernsey against Tetragon entities and its executive and independent directors

Carlyle Capital Corporation Limited (in liquidation) and Ors v. William Elias Conway Jnr and Ors. – assisted on a complex multi-jurisdictional dispute representing The Carlyle Group and its executive directors in relation to a claim for breach of directors' duties brought by the liquidators of the Carlyle Capital Corporation for losses exceeding $1bn.

Sally Peedom
Sally Peedom Senior Associate
Collas Crill


Audience Log On
Chair's Opening Remarks
Josh Lewison - Barrister - Radcliffe Chambers
Unravelling Trusts: Strategies for Navigating Dubious Mental Capacity In Settlors
Roberta Harvey - Partner - Forsters
Sally Peedom - Senior Associate - Collas Crill
Panel Q&A
Chair's Closing Remarks
Josh Lewison - Barrister - Radcliffe Chambers

Event Partners

Event Partner

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