Trust & Estates Litigation

Introduction

The last year has seen some significant developments in the field of trust and estates litigation; in particular, the House of Lords decision on proprietary estoppel claims (Thorner v Major [2009] UKHL 18) handed down in March this year.

There have also been a number of further cases in the UK and offshore in mistake and setting aside trusts following on from Ogden v Griffiths (2008).

This sector has not escaped the impact of the current economic climate and we are already seeing a significant growth in instructions relating to trust investment performance and supervision (or not) by trustees. Anthony Poulton and Rupert Ticehurst will be leading an interactive case study examining, in detail, trustees liability for poor trust performance and the duty of prudence post Madoff, Lehman and other disasters.

 The recession has also cast the spotlight on the issue of funding claims and Morven McMillan will be offering her expert guidance on the issue of costs and cost protection in trust and estate litigation.

Benefits

• Proprietary estoppel after Thorner v Major
• Mistake and setting aside trusts: should Ogden v Griffiths stand?
• Costs and costs protection in trust and estates litigation
• Trustees liability for poor investment performance
• Differences in the localties and subsequent enforcement problems from our 5 multi-jurisdictional experts

Who Should Attend

Trust lawyers and barristers; private client lawyers; chancery specialists at the bar; trustees and their advisors; representatives for trust corporations and their advisors; banks; in-house counsel for financial institutions; accountants.