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International Trust Disputes (eBook)

Edited by: Sara Collins, Steven Kempster, Morven McMillan, Alison Meek

ISBN13: 9780191628924
Published: January 2012
Publisher: Oxford University Press
Country of Publication: UK
Format: eBook (ePub)
Price: Out of print
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The number of disputes involving trusts has risen significantly in recent years. Many disputes take place in the international environment and cross-border jurisdictional issues may arise. These disputes often involve large sums of money, impacting significantly on family relations.

The handling of such disputes requires specialist skills and knowledge, including an understanding of how and why private trusts are established and administered and the problems that can arise; an awareness of the cross-jurisdictional issues that may be relevant; and the ability to identify practical legal solutions to the dispute that are compliant with trust principles.

International Trust Disputes provides a comprehensive and thorough treatment of this topic. Acting as a specialist guide for practitioners, it offers a survey of the special considerations that may arise with regard to trust disputes as well as a definitive guide to the issues which may be encountered in the jurisdictions where disputes are most likely to take place.

Subjects:
Equity and Trusts, eBooks
Contents:
Part 1 General Practice and Procedure
Section A Jurisdiction
1: James Corbett QC: Jurisdiction and Cross Border Issues
Section B External Disputes
2: Alison Meek: Matrimonial Disputes
3: Andrew De La Rosa: Succession and Forced Heirship Disputes
4: Jeremy Kosky: Sham Trusts and Reserved Powers
5: Adam Cloherty, Owen Curry: Asset Protection and Insolvency
6: Sofie Hoffman: Dishonest Assistance
Section C: Internal Disputes
7: Charles Lloyd: Internal Disputes
8: Susannah Meadway: Breach of Trust Claims
9: Shân Warnock-Smith QC: No-contest clauses
10: Simon Taube QC: Mistake, Rectification and Hastings-Bass
11: Dawn Goodman, Charlie Tee: Setting Aside Trusts, Undue Influence and Capacity
12: Rupert Ticehurst: Retirement, Replacement and Removal of Trustees
13: Steven Kempster: Rights to Information
Section D: Procedure
14: Elizabeth Weaver: Directions and Beddoe Applications
15: Richard Dew: Injunctions
16: Francis Barlow QC: Representation of Parties
17: Nicola Evans: Representation of Parties
18: Beverly-Ann Rogers: Alternative Dispute Resolution
19: Morven McMillan: Variation and Compromise
20: Penelope Reed QC: Appeals
21: Toby Graham, Adam Carvalho: Costs
Part 2: Jurisdictions
22: Paul Smith, Brigit Morrison: Bermuda
23: Arabella di Iorio: The British Virgin Islands
24: Sara Collins, Carlos de Serpa Pimentel: Cayman Islands
25: Charles Simpson: Gibraltar
26: Paul Buckle: Guernsey
27: Seth Caine: Isle of Man
28: Kerry Lawrence, Nigel Sanders: Jersey
29: Stefan Wenaweser: Liechtenstein
30: Geoffrey Cone: New Zealand
31: Nedim Peter Vogt, Delphine Pannatier Kessler: Switzerland
Bibliography
Index
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