Our trust and private client disputes team are specialists in matters involving offshore and onshore trusts, estates, charities and mental capacity issues. We regularly act for institutional clients (including banks and trust companies), trustees, their insurers, beneficiaries as well as high net worth individuals and family offices.
Our experience covers pure advisory work and directions applications through to hostile actions pursuing or defending trustees in relation to claims for breach of trust and third party claims by or against trustees.
Our lawyers have many years of experience advising in these areas and our global reach enables us to service clients (including individuals) from across the world. Recent matters have involved clients in the United Kingdom, Eastern Europe, the Middle East and Asia.
Our offering is bolstered by the direct and immediate access to our in-house advocacy group which contains QCs with specific expertise in this field, and in addition we are able to draw upon our market-leading specialism in other practice areas across the firm (including regulatory, arbitration, insolvency, fraud and asset tracing, real estate, tax, anti-corruption, funds and asset management).
We also act for corporate trustees regarding pension/superannuation funds and managed investment scheme disputes, appearing both for and against trustees in relation to asset disputes, trustee duties/conflicts issues and compliance with statutory investment scheme regimes.
The beneficiaries of a multi-billion dollar Hong Kong law trust
Advising the beneficiaries of a multi-billion dollar Hong Kong law trust (including a significant holding in a listed company) in relation to ongoing disputes with other beneficiaries, including allegations of undue influence
An individual in a key position within a very significant family structure
Advising an individual in a key position within a very significant family structure which includes an offshore charitable foundation regarding issues relating to the structure and funding of such foundation with the overall value running into many hundreds of millions of US dollars. We have needed to balance the technical arguments and family dynamics with the impact on the structure in practical terms and the implications for family harmony going forwards
The beneficiary in arbitration proceeding in Israel
Acting to recover substantial trust assets held under English trusts
The executor of a US$1 billion Hong Kong estate
advising in relation to administration of that estate in a number of offshore jurisdictions, including BVI, Jersey, Mauritius, Philippines and Turks and Caicos
The beneficiary of a multi-billion dollar offshore trust
advising in relation to ongoing disputes with the trustee and other beneficiaries
Tom is a QC and head of Herbert Smith Freehills' advocacy group. He is a leading advocate in courts and tribunals at interim, trial and all appellate levels both in England and Wales and a number of offshore jurisdictions. He is also a Deputy High Court Judge and acts as arbitrator.
Anna is Joint-Managing Partner for Dispute Resolution globally, head of Disputes in Australia and an experienced and strategic commercial litigator, specialising in the financial services and energy and resources sectors.