Contentious Trusts - Farrer & Co

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Our approach… Multi disciplined Trust and Estate disputes inevitably cross a number of disciplines - private client, family, charity and disputes. Farrer & Co is widely recognised for its strength in each of these areas. Leading individuals from these areas make up our Contentious Trusts & Estates group. We ensure that clients receive a seamless service. Dispute avoidance We are involved in planning to mitigate the risk of disputes arising in the first place, by suitable drafting, and by careful and practical advice tailored to meet the attendant risks. Dispute handling Sometimes, regrettably, disputes cannot be avoided. We have considerable experience of guiding our clients through all stages of court proceedings ranging from “friendly” applications to vary the terms of the trust or to give trustees directions on a construction issue or as to the appropriate course of action, through to hostile claims, where we usually act for the settlor (or members of his family) and the trustee. We have handled both “internal” claims (such as for breach of trust by a beneficiary) and “external” claims (such as from a creditor, former spouse or heir of the settlor attacking the validity of the trust). Family assets held in trust frequently become the subject of attention in divorce proceedings. A spouse may seek financial provision from the trust or try to vary its terms. These raise complex issues for both spouses and trustees. We have extensive experience advising spouses and trustees before the Family courts in such situations. Sensitive handling Whatever their cause, such disputes often involve members of the same family, and affect minors and unborns. They are likely to be painful for all concerned and require careful and sensitive handling which ensures the situation does not escalate. We aim to defuse conflicts at an early stage by finding practical solutions outside the court arena. Farrer & Co is a founder member of CEDR and we are actively involved with the STEP Mediation Group. We make full and appropriate use of mediation, promote the ACTAPS pre action protocol wherever possible, and have considerable experience of resolving disputes at an early stage through use of mediation.
services… “I can count on Farrer & Co to look beyond the facts. They work closely with us, applying a practical and common sense approach to the resolution of disputes; which empathises with our business and its needs.” Senior Manager, Coutts & Co International Our work frequently involves international elements. We have a history of working with clients and intermediaries in other parts of the world. We have extensive experience of proceedings outside England and Wales. For example, we are currently involved in cases before courts in Bermuda, Cayman Islands, The Bahamas, Turks & Caicos Islands, Geneva, Cyprus, Singapore, BVI and Texas. Heavy duty litigation can strain the resources of even the largest offshore firms. We have experience of providing assistance to offshore firms in such cases. Our clients We act for high net worth families, settlors, trustees, protectors, beneficiaries, lawyers and other intermediaries from around the world. We pride ourselves on our close, enduring relationships. We are committed to getting to know our clients, to understanding their requirements and objectives. We strive to meet them in a timely manner. We understand the importance of cost pressures, and seek to deliver cost effective solutions. Confidentiality Confidentiality and discretion are of the utmost importance to us. Our clients have long benefited from the highest standards of privacy, sensitivity and discretion. Contested estates We are experienced with contested estates, in this country or abroad. We act for charities, legacy officers, executors, beneficiaries and disappointed heirs in probate disputes, forced heirship claims and applications under Inheritance (Provision for Family and Dependents) Act 1975.
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Contentious Trusts - Farrer & Co

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