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Contentious Trusts - Farrer & Co

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& expertise<br />

“Regrettably, trust disputes have become a fact of<br />

offshore life. They need to be handled sensitively,<br />

by suitable experts. <strong>Farrer</strong> & <strong>Co</strong> have the depth<br />

and range of expertise, especially in international<br />

work. They are adept at finding practical,<br />

common sense and cost effective solutions.”<br />

Royal Bank of Canada<br />

It should be borne in mind that most<br />

disputes settle, and therefore do not<br />

feature in the law reports. However,<br />

the following are just some examples<br />

of the reported cases we have been<br />

involved with in recent years:<br />

Omar v Omar [1999] All ER 560.<br />

Action by administrators of a substantial<br />

estate to locate and recover estate<br />

assets, involving action in various<br />

jurisdictions.<br />

Goodman v Goodman [2006] EWHC<br />

1757 (Ch). Rectification of will, resulting<br />

from misunderstanding of testator’s<br />

instructions.<br />

Taylor v Midland Bank Trust <strong>Co</strong>mpany<br />

[2002] WTLR 95. Beneficiary claiming<br />

breach of trust against trustees.<br />

Gomez v Gomez Monches-Vives [2008]<br />

EWCA Civ 1065. Article 5(6) of<br />

Judgments Regulation.<br />

Close Trustees (Switzerland) v Vildasola<br />

[2008] EWHC 1267.<br />

Directions application.<br />

Wingate v Butterfield Trust (Bermuda)<br />

Ltd [2008] WTLR 357. Disclosure to<br />

beneficiaries.<br />

Brown v Executors of Estate of Her<br />

Majesty Queen Elizabeth The Queen<br />

Mother.<br />

Frances v Al Assad [2007] EWHC.<br />

Freezing order against beneficiary of<br />

discretionary trust.<br />

Frey v Royal Bank of Scotland<br />

(Nassau) Limited [2001] 3 ITELR 775.<br />

<strong>Co</strong>nstruction of trust governed by<br />

Bahamas law before Supreme <strong>Co</strong>urt of<br />

The Bahamas.<br />

Aroso v <strong>Co</strong>utts & <strong>Co</strong> [2001] EWHC<br />

Ch 443. <strong>Co</strong>ncerned ownership of funds<br />

in joint account following death of one<br />

of the account holders.<br />

Alhamrani v Russa Management<br />

Limited and others (Re Intertraders):<br />

Dispute over large Shari’a inheritance,<br />

transferred to Jersey trustees.<br />

Heavyweight proceeding before the<br />

Royal <strong>Co</strong>urt in Jersey.<br />

“<strong>Farrer</strong> & <strong>Co</strong> have helped in high value trust litigation<br />

before the Jersey courts. This involved complex Shari'a,<br />

Jersey and English elements and has resulted in some<br />

ground breaking decisions. We were impressed by<br />

<strong>Farrer</strong> & <strong>Co</strong>’s understanding of complex trust issues and<br />

their practical cost effective approach.”<br />

Senior partner, of Viberts, instructing Advocates in Alhamrani v Russa<br />

Management Limited and Others

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