The department benefits from the firm’s highly experienced Divorce and Family, Tax Litigation, and Commercial Litigation departments.

This departmental collaboration enables us to offer a substantial range of litigation-specific advice to private individuals, corporates and professional trustees. That advice encompasses both obtaining and setting aside injunctions (including freezing, Norwich Pharmacal, and search and seizure orders) used to secure control over assets forming the subject matter of the dispute.

Examples of recent cases include:

  • Acting for the trustees of trusts in Cayman and the Bahamas on applications for directions in both jurisdictions concerning the divorce of two beneficiaries and their requests for the disclosure of trust documents.
  • Advising trustees in proceedings where the husband is the protector and sole beneficiary of various trusts. The wife is a contingent beneficiary, entitled only on the death of her husband. Issues to be considered include whether the trusts are nuptial settlements capable of variation, what order the court should make, and the impact on enforceability of standard offshore firewall legislation.

In all matters we deliver practical, sensitive and cost conscious advice. We have resolved cases at all stages pre-trial through the use of mediation and other forms of alternative dispute resolution.

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

Meet the Trust and Probate Litigation team

The head of department, James Price, is described by Chambers as “a very impressive and very robust litigator who fights for his clients”.

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

James Price, Partner, Trust and Probate Litigation, Stewarts