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kempster steven (curatore); mcmillan morven (curatore); meek alison (curatore) - international trust disputes
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International Trust Disputes

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Dettagli

Genere:Libro
Lingua: Inglese
Pubblicazione: 03/2020
Edizione: 2° edizione





Note Editore

The new edition of this leading work continues to provide full analysis of the legal and practical aspects arising in trusts disputes, with attention to jurisdiction-specific issues covering ten of the most relevant territories. Since the last edition the law has developed at a fast pace and trust disputes continue to increase as international trusts reach the second, third and sometimes fourth generation of beneficiary. In particular, there have been changes made to the law of succession in England and Wales (Intestacy Rules 2014) and case law such as Ilott v The Blue Cross [2017] which consider the implications for family provision under the Inheritance (Provision for Family and Dependants) Act 1975. Developments relating to the position of trusts in matrimonial disputes are analysed and the issues for trust disputes and rights to information under The Data Protection Act (Dawson Damer v Taylor Wessing [2017]) are also included. Other important case law which is now considered include Pitt v Holt, re Futter [2013] and the development of the law of mistake thereafter, and the Pugachev litigation on sham trusts. 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.




Sommario

1 - English Trust Law Principles
2 - Matrimonial Disputes
3 - Succession and Forced Heirship Disputes
4 - Sham Trusts and Reserved Powers
5 - Asset Protection and Insolvency
6 - Dishonest Assistance
7 - Breach of Trust Claims
8 - No-Contest Clauses
9 - Mistake, Rectification, and Hastings-Bass
10 - Setting aside Trusts, Undue Influence, and Capacity
11 - Retirement, Replacement, and Removal of Trustees
12 - Rights to Information
13 - Directions and Beddoe Applications
14 - Injunctions
15 - Representation of Parties
16 - Involvement of Charitable Interests
17 - Alternative Dispute Resolution
18 - Variation and Compromise
19 - Appeals
20 - Costs
21 - Bermuda
22 - British Virgin Islands
23 - Cayman Islands
24 - Gibraltar
25 - Guernsey
26 - Isle of Man
27 - Jersey
28 - Liechtenstein
29 - New Zealand
30 - Switzerland




Autore

Steven Kempster is a partner in the trust and succession disputes team at Withers. He specialises in the resolution of disputes relating to the formation or administration of trusts and estates in England and in the offshore jurisdictions. He is a registered member of the Association of Contentious Trust and Probate Specialists (ACTAPS). Morven McMillan is a partner and head of the Trusts & Private Client team at the Maples Group in the Cayman Islands. She is a specialist in the field of contentious trusts disputes and also has considerable experience in non-contentious work. She is regularly involved in disputes relating to trusts, wills and inheritance. Morven is a member of the Society of Trust & Estate Practitioners (STEP), and of the Association of Contentious Trust and Probate Specialists (ACTAPS), and speaks regularly at international conferences. Alison Meek is a partner at Sinclair Gibson. She specializes in contentious trust and estate work for both onshore and offshore clients. She is a founder member of the Association of Contentious Trust and Probate Specialists (ACTAPS).










Altre Informazioni

ISBN:

9780198832737

Condizione: Nuovo
Dimensioni: 251 x 39.0 x 177 mm Ø 1268 gr
Formato: Copertina rigida
Pagine Arabe: 656


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