Our trust litigation expertise includes applications by trustees for directions (or to vary the terms of trusts), blessings, challenging and defending trusts for trustees and beneficiaries, and handling challenges to trusts by creditors or other third parties (including former spouses). We have unrivalled experience in contentious trust restructuring; we also advise on issues of disclosure of trust documents and confidentiality.

We frequently work alongside our colleagues in the family team in order to advise on the implications of relationship breakdown, especially on the impact of divorce on trusts, and also how to best protect clients from the potential death of the other party before fulfilment of all obligations.

Examples of recent cases include:

• Representing Tony Wang, son of YT Wang (one of the two founders of the multi-billion dollar Formosa Plastics Group) in proceedings in Bermuda and an appeal to the Privy Council. This was a multi-jurisdictional dispute in relation to trusts holding substantial interests in the family business.
• Advising a beneficiary in respect of applications for directions by the corporate trustee in the Bahamas, and concerning the validity of documents appointing our client as protector of the trusts, as well as proceedings in Hong Kong challenging the validity of the settlor’s will.
• Advising the discretionary beneficiaries of substantial Bermudian trusts on the validity of the appointment of trustees and protectors, as well as corporate governance and tax negotiations on the proposed restructuring of beneficial interests.
• Advising a Hong Kong-based beneficiary of trusts valued at many billions of pounds on issues concerning the restructuring of Jersey family trusts and ongoing disputes with other family members in relation to assets in various jurisdictions.
• Representing beneficiaries who had appointed professional trustees in Guernsey as the trustees of their assets (including their private jet). The claim was for substantial sums on a failed aircraft transaction and involved issues of Guernsey and BVI law. The case settled shortly before a hearing in the Privy Council.
• Advising a discretionary beneficiary on contentious trust issues connected to Liechtenstein family trusts which hold assets valued in the billions of pounds.
• Advising the protector of an Isle of Man trust on removal of the trustee and an associated application by the trustee for directions in respect of this.
• Advising discretionary beneficiaries on the funding of New Zealand trusts holding significant assets, including hotels.
• Advising a Nevis trustee on its potential exposure to liability in relation to a high-profile art dispute.
• Advising a trustee in respect of a series of claims brought by an investment authority against its underlying company, in respect of allegations that transactions had been procured by bribery or undue influence, and seeking to have them set aside.