Having the right planning in place can help preserve your wealth, whether through a simple will or a complex offshore trust structure. Whether your circumstances change quickly or gradually, it is crucial to keep these wealth preservation measures under review. No matter how much planning went into its creation, an existing structure may no longer be fit for purpose, often due to changes outside your control.

There are many reasons a structure might need review. It is possible that the political situation affecting the trust or its assets has changed, there is a shift in the family dynamic, or legislation has been altered. Or perhaps the nature of the family’s wealth and its priorities have evolved over time and require new preservation measures. 

As trust and probate litigators, we do not create trusts or wills – we attack or defend them. This makes us uniquely placed to apply a ‘litigator’s eye’ to review and stress test them for possible weaknesses before they come under attack. These attacks can come on a number of fronts, including disappointed beneficiaries, divorcing spouses, or government authorities.

We can work alongside you and your advisors to identify vulnerabilities within your existing structures and help you minimise risk going forward. Prevention is better (and almost always less expensive) than cure. If weaknesses are not identified and addressed, cure could come in the form of costly, and perhaps avoidable, litigation in the future. Our goal is not to recommend changes for the sake of it but to guide you as to what measures to consider, so that family wealth is protected for future generations.

If you require assistance, please contact us or request a call from one of our lawyers.

Meet the Trust and Probate Litigation team

The team offers a substantial range of litigation-specific advice to private individuals, corporates and professional trustees.

Emma Holland, Senior Associate, Trust and Probate Litigation, Stewarts