Disputes involving cross-border trusts and estates

Stone King’s international dispute-resolution solicitors have considerable expertise in dealing with complex disputes involving cross - border trusts and estates, particularly those with a charitable element.

Working with a proven network of foreign lawyers, we are able to seek out the best ‘foreign’ advisors and seek innovative solutions to resolve disputes with an international element. We will try and resolve disputes quickly and cost-effectively, without recourse to the Courts if possible.

We act for executors, trustees and beneficiaries, and we provide a consultancy service for firms of solicitors who need cross-border advice. We work with international specialist colleagues across the firm to draw on the expertise, including our nationally renowned Charity Governance Team, to assist our clients in cross-border disputes.

It is always advisable to seek specialist advice at an early stage because there may be tactical advantages to issuing Court proceedings in a particular jurisdiction, whether England & Wales, common law jurisdictions such as Singapore or civil law jurisdictions such as France.

Whilst we work closely with specialist foreign lawyers, project management of the various jurisdictions is essential from a tactical and strategic perspective, meaning we act as the main point of contact for our clients.

Cross - border trusts and estates are by their nature multi-faceted and disputes are common. Disputes which the team has experience of dealing with include:

• Challenges to the validity of wills on the basis of a lack of testamentary capacity, lack of knowledge and approval, undue influence and fraud;
• Enforcement of foreign judgments;
• Claims relating to the construction or interpretation of wills including rectification of wills;
• Disputes regarding the interpretation of trusts including Anglo-Welsh trusts containing foreign assets;
• Misappropriation claims including lifetime gifts;
• Claims for reasonable financial provision under the Inheritance (Provision for Family and Dependants) Act 1975 and similar legislation available in foreign jurisdictions;
• Applications for the removal or substitution of Personal Representatives and Trustees;
• Disputes relating to domicile;
• Disputes relating to taxation including double-taxation;

Because of the nature of the training received at Stone King, our lawyers can help with disputes in almost every jurisdiction of the world.

Typical jurisdictions include: USA, Australia, New Zealand, France, Germany, Spain Hong Kong, Malaysia, Zambia, Singapore, Switzerland, Italy, Barbados, Belgium, Netherlands, Ireland, Isle of Man, Greece, Cyprus, Morocco, South Korea, India, Russia, Thailand, South Africa, Belize, Saudi Arabia, Bahrain, Monaco, UAE, Brazil, Canada, Zimbabwe