Trusts and foundations are under increasing attack, from spousal claims in divorce and beneficiary actions to forced heirship challenges and creditor claims. At the same time, courts (particularly those less familiar with trust planning) are recasting standard provisions as suspicious or extraordinary. Cross-border exposure adds further risk, with mismatches in legal frameworks, public policy, and tax regimes across jurisdictions. This area of law is evolving rapidly, and not for the better. The risks extend beyond outcomes to the litigation process itself, including expansive disclosure obligations, the fiduciary exception to privilege, foreign discovery tools such as Section 1782, and stark differences in privilege regimes - especially in civil law systems. 

While this is not a litigation forum, it is critical for advisers to understand these risks early. This session brings a litigation-informed perspective to the planning table, highlighting where challenges are arising and why.