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Specialism: Lawyers Contentious Trusts
Location: St Helier, Jersey
How can trust litigation be avoided?
When a dispute occurs over who should or shouldn’t be the trustee, the advice is as follows. “A common situation is where one member of a family has the power (for example as protector or settlor) to hire and fire the trustee. Where the family is itself in dispute, the exercise of that power of removal and appointment can be seen as a nuclear option for one faction to look to take control or scupper envisaged trustee decisions”, described Nigel Sanders.
This can turn into a tug of war between different groups of beneficiaries making “polar opposite demands”, Nigel explained which would be: “Hand over the reins versus stay and protect the trust.”
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Average client size: Over £25 million
Fixed fee offering: Yes
Number of offices globally: More than 5
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Multi-jurisdictional dispute involving €200m in assets
Acting for a claimant beneficiary in a multi-jurisdictional dispute concerning a high net worth European family. The proceedings in Jersey have involved and continue to involve matters relating to the construction of the trust instrument with regard to the beneficiaries, validity of a trustee's appointment and a momentous decision application concerning multi-million Euro proposed transactions relating to an underlying commercial business in which the Trust holds shares. The value of the assets is potentially worth €200m and the case involves complex conflicts of laws issues arising out of the involvement of Jersey and two other European countries where proceedings relating to criminal, civil, banking and succession issues are also being brought.