International trusts and estates disputes

The proper administration of estates and trusts often involves not only English law, but also the law of other countries. Our experienced team resolves disputes involving international aspects such as court proceedings in other jurisdictions, the enforcement of judgments both here and abroad, and potential conflicts between the laws of different countries.

Trust and estate disputes experts

Our probate and trust disputes team is capable of quickly identifying the numerous ways in which international laws might be relevant to a trust or estate dispute, and advises clients accordingly. International issues can also apply if a person has invoked the law of a foreign country by, for example, owning assets abroad or marrying a foreign national.

The domicile of persons who have moved abroad before their death will affect the way in which their assets are distributed and the tax payable. Many other countries have ‘forced heirship’ laws which determine how the assets in an estate are distributed regardless of any will.

Even where a person has remained in England, they may own assets abroad, either outright or held in an offshore trust. The way in which those assets are dealt with will involve an analysis of the proper law to be applied and a resolution if the legal requirements of various countries conflict with each other.

The firm’s private client team… has a strong record of representing clients in matters involving multiple claims or assets spread across several jurisdictions.

Legal 500

Where a dispute with a foreign element arises, the correct country in which any court proceedings should be started, and the applicable law, should be determined as soon as possible, as these factors can have a significant bearing on the likely outcome of a dispute. As a member of MultiLaw, we have quick access to a network of reputable legal advisers in other jurisdictions.

How we help our clients

Administration of trusts

Duties of trustees

Breach of trust claims

Remedies for breach of trust

Removal of trustees

Avoiding breaches of trust

Recent work highlights

UK and Spanish assets

Advising on the administration of an estate where the deceased was domiciled in Spain but held assets both there and in the UK, and on the Spanish forced heirship rules and a UK will.

Judgment for Australian executor

Securing a favourable judgment for an Australian executor following a five-day trial at the High Court to secure a UK property for the estate, and defending a claim by UK relatives of the Australian deceased.

English court proceedings

Advising on the issue and service of proceedings in the English courts on trustees living abroad and outside the jurisdiction.

Misuse of trust assets

Representing trustees regarding a misappropriation of trust assets by a co-trustee and successfully obtaining repayment to the trust – together with interest and costs – as well as the removal of the co-trustee.

Reversal of transfer into trust

Acting for trustees to obtain a court order to set aside a transfer into trust following erroneous advice from a professional co-trustee, ensuring his removal, and recovering the costs of the court proceedings from his insurers.

Cost liability in will dispute

Acting in a claim in which the deceased’s will was contested on the grounds that he did not have testamentary capacity. The matter went to a final hearing and judgment was given in favour of the claimant.

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