Trust and Probate Litigation partner Marcus Parker and associate Judith Swinhoe-Standen have contributed a chapter to the 29th edition of the International Family Offices Journal, looking at recent litigation trends including mental capacity issues, the (contentious) restructuring of trusts and the exercise of trust powers for improper purposes.
Litigation involving wealthy families and their associated structures continues unabated and it is crucial for those advising family offices to be aware of these trends.
What issues are shaping trust litigation?
This article considers some of the trends that have developed in trust and probate litigation over the last year or so. Family offices need to be alert to all of these issues to ensure that they and their advisers can respond accordingly. Proactive steps and early legal advice can often reduce the threat, or the impact, of costly and uncertain litigation.
Themes explored in the article include:
- Mental capacity
- Trust restructuring
- Trustees exercising powers for an improper purpose
The article also examines some of the most significant recent judgments in this area including Grand View Private Trust Company Limited and another v Wong and others [2022] UKPC 47 and SG Kleinwort Hambros Trust Company (CI) Limited v B and others [2023] JRC054, both of which involved the Stewarts team.
The International Family Offices Journal
The family office environment is of great interest to lawyers, accountants, trust companies, advisers in private banks and the financial world, as well as family office executives and wealthy families themselves.
The IFOJ is a “practical information source co-published with STEP features articles from leading professionals”, who discuss a range of topics including:
- the various family office models and structures;
- governance issues;
- protection of assets;
- charity projects;
- consensus and communication within families;
- next generation issues.
The IFOJ also includes news alerts from STEP, the worldwide professional association for those advising families across generations.
You can find further information regarding our expertise, experience and team on our Trust and Probate page.
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