SERVICE

Contentious trusts

INTRODUCTION

Contentious private client disputes, which often involve challenges to trusts and wills, are becoming increasingly prevalent. These disputes are often international in nature and involve a consideration of complex arrangements which have been established over many years.

Our specialist team has extensive experience on advising on a wide array of private client disputes. We have particular experience advising all parties to trust and estate disputes, including removals of trustees, protectors and personal representatives, Public Trustee v Cooper applications, and breach of trust and fiduciary duty claims.  We also have extensive experience advising on probate claims, as well as capacity and charity disputes.

We have developed niche expertise in cases involving allegations of fraud, such as situations where assets have been dissipated by a trusted advisor. In urgent scenarios, we provide critical advice to maximise recovery prospects, often through personal and proprietary freezing injunctions, ancillary disclosure orders and disclosure orders against third parties implicated in the fraud. Where advice on potential criminal remedies is required, we collaborate with leading law firms that specialise in this area.

We pride ourselves on identifying our clients’ objectives at an early stage and crafting strategies that meet those goals efficiently and cost-effectively. Where disputes proceed to trial, we have experience dealing with cases in the High Court, Court of Appeal and Supreme Court (and Privy Council), as well as equivalent international courts.  Our team frequently collaborates with the firm’s renowned private capital group, whose specialists excel in international tax planning and succession matters. Additionally, we maintain an extensive network of contacts with law firms and professionals across all major offshore jurisdictions.

By leveraging our deep expertise and comprehensive network, we ensure that our clients receive the highest standard of advice and support in resolving their complex disputes.

WORK HIGHLIGHTS

Notable matters

Advising beneficiary of [trust/estate] in respect of the disputed ownership of family assets worth over £200 million.

Advising trustees of lifetime trust and administrators of estate in defending complex estate dispute involving proceedings in the US and England.

Advising trustees defending claims of breach of trust and other fiduciary duties by beneficiaries.

Advising claimant in challenging the wills in respect of an estate worth over £150 million on grounds of lack of testamentary capacity and undue influence.

Advising claimant in asserting a claim of constructive trust over heritage property formerly held in trust.

Advising trustees of an employer financed benefits retirement scheme in connection with claims for breach of trust and negligence by the employer and employee (beneficiary under the Scheme)

Advising trustees of a charitable trust in connection with multiple civil and criminal claims arising in Bermuda, the US, Switzerland the UK from the misuse of the trust assets by the settlor and sole director of the trust

Our people

Get in touch

Partner

Sofie Hoffman

Contentious trusts
Partner

Charles Lloyd

Private client
Partner

Siena Gold

Private client
Managing Associate

Richard Hoggart

Private client
Senior Probate Manager

Andrew Reay

Private client

Testimonials

What people say

The high-quality service provided by Harbottle’s professionals was remarkable for its display of technical knowledge and management of complex scenarios.”

Chambers HNW

Sofie Hoffman does an excellent job for clients – more than capable of managing both the mediation and negotiation side of proceedings.”

The Legal 500

Sofie Hoffman has been excellent at focusing on the important issues, while also navigating some very sensitive personal/relationship complexities between the various parties to the litigation.”

The Legal 500

The firm has a cohesive team, able to advise on complex matters that span multiple areas of law. There is always a colleague available to discuss time-sensitive matters: my calls never go unanswered.”

Chambers HNW

Siena Gold is a top-level professional. She deploys a profound knowledge of the challenges involved and perfect management of every complex situation.”

Chambers HNW

I was blown away by the experience, knowledge and attitude of all the Harbottle lawyers we spoke to, who were all incredibly wise and helpful. Meetings with them were clear, upbeat and encouraging.”

Chambers HNW

Charles is a brilliant litigator, incredibly clever and accessible. He is also meticulously careful.”

Chambers HNW

He’s immensely experienced; he’s seen and done it all. He’s completely unflappable and makes the right strategic calls.”

Chambers HNW

I appreciate his calm demeanour and very sound judgement.”

Chambers HNW

Siena Gold is a brilliant tax and trusts lawyer. Her technical knowledge and experience is enviable, which she combines with a personable, understated and measured approach.”

The Legal 500

Siena is extremely clever, very analytical and very knowledgeable about trusts and tax interrelations. She is also extremely personable.”

Chambers HNW

The firm has great depth of experience in a wide range of matters. It also has people who are not afraid to deal with difficult scenarios.”

Chambers HNW

Harbottle & Lewis have wide-ranging knowledge for international families. Clients are very impressed with their service. They have a very good team that can handle complex situations.”

Chambers HNW

Siena is among the top handful of private client tax and trust lawyers. She has an unmatched maturity of thought and is technically top drawer.”

Chambers HNW