2020 Agenda

Wednesday February 26, 2020

4:00 PM - 6:00 PM | Four Seasons Hotel welcome arrival and check in

Time to prepare for an exciting and thrilling three days. Fuel up and get set for a stimulating and thought-provoking ride.

6:15 PM - 7:00 PM | Welcome drinks

7:00 PM - 7:05 PM | Welcome from the co-chairs

7:05 PM - 7:45 PM | Litigation and exotic assets: Cars, carats, cabernet, crypto and cannabis stocks

This welcome session debates which trust investment, across a range of exotic assets, poses the greatest risk of litigation.  What specialist features will such litigation have?

7:45 PM - 9:00 PM | Welcome dinner

9:00 PM - 10:00 PM | Keynote: In conversation with...

Thursday February 27, 2020

8:00 AM - 9:00 AM | Legitimate children, trusts and human rights

In the light of the incorporation of European human rights principles into the constitutions of many offshore jurisdictions, this session examines how long-hallowed certainties in the interpretation of trusts and testamentary instruments are being revolutionised by constitutional prohibitions against non-discrimination.

9:00 AM - 10:00 AM | Sub-strata of trusts – a new line of attack?

  • Assessing the inherent limits to trustee powers
  • Can trustees achieve anything they like if they have powers of amendment, coupled with addition and removal powers?
  • What are the litigation risks of planners becoming drunk on decanting?

10:00 AM - 10:45 AM | Are anti-Bartlett clauses of any use?

  • Zhang Hong Li and another v DBS (Hong Kong) Ltd and others appeal: Anti Bartlett clauses and their future
  • How should trustees be looking to protect themselves?
  • Permission to appeal (on everything?)
  • Proper approach to equitable compensation
  • Can a court give a gloss to an expert opinion?

10:45 AM - 11:15 AM | Networking break

11:15 AM - 12:00 PM | Comparative law treatment of trusts on divorce

Comparing and contrasting recent cases from England, the USA, Hong Kong, Switzerland, New Zealand and Australia, as to whether Family Judges are finally giving respect to trusts on divorce.

12:00 PM - 1:00 PM | Interactive Focus Groups

A) Revocable trusts and beneficiary standing

This breakout focuses on the cross-jurisdictional differences in how we approach revocable trusts and beneficiary standing, with the different approaches across the UK and US.

B) Insolvent trusts: Where are we with Z Trusts and are there more insolvent trusts than we think?

  • Impact of the recent CA decision in Z Trusts
  • Do recent onshore tax changes mean that there are more insolvent trusts than we think?

C) Transforming quantum: claims to accounts and claims to interest after Watson v Kea
  • When to apply for an account and in what form
  • How to boost your quantum after Watson v Kea

D)  Trustees: Claimant, investigator and prisoner?

  • How do trustees manage fraud claims under civil fraud litigation and what is the impact?
  • What is the correlation with criminal proceedings?

1:00 PM - 2:00 PM | Lunch

2:00 PM - 3:00 PM | Interactive Focus Groups

A) Rusnano v Molard: Are you still protected? Tax & trustee obligations

  • Has the offshore world departed from the onshore world when it comes to the beneficiaries right to terminate trusts?
  • The extent and limits of the rule in Saunders v Vautier
B) Bermuda's s. 47 regime
  • The rights of beneficiaries when altering the terms of trusts
  • Can you use Section 47 in a divorce or planning context, including the expediency test?
  • Exporting trusts across jurisdictions, including the impact of non-traditional families
  • The view from other jurisdictions: challenges to moving trusts to Bermuda where trustees cannot do what they want under the governing law

C) International family provision claims

The impact of family provision claims across different jurisdictions, including issues surrounding the domicile of the deceased.
D) Cross jurisdictional privilege: Under attack?

Navigating ranging privilege rules, from the German Volkswagen case, to France’s “off the record” rules and more.

3:00 PM - 4:00 PM | Keynote: In conversation with...

4:00 PM - 7:00 PM | Leisure time

7:00 PM - 8:00 PM | Champagne reception

8:00 PM - | Gala Dinner

Friday February 28th, 2020

9:55 AM - 10:00 AM | Opening remarks from co-chairs

10:00 AM - 11:30 AM | "Off the record" - the client’s view: What are the experiences and fears of trustees embroiled in, or trying to avoid, international trust litigation?

  • Problems with protectors: Long established structures and the NextGen
  • Assisted dying – risks and implications for estates (Canada and Swiss – implications for trustees and litigators)                                                                                     
  • Aggressive correspondence – helpful or hindrance 
  • Problems of witnesses after taking over a structure or when directors associated with the file have retired, died or disappeared
  • Trustees – when, after being threatened with litigation, is it right to retire?
  • Is it time for project managers in international trust and estates litigation? 
  • When is a letter of wishes too old to be of significant guidance to trustees faced with competing demands from beneficiaries?

11:30 AM - 12:00 PM | Networking break

12:00 PM - 12:50 PM | Pakistan v Prince Mukkaram Jah & Ors

Alleged acts of state, gun-running, geo-politics, the fall of the Raj and a great dynasty come together in this extraordinary episode of trust litigation in which judgment was given in London in 2019.

12:50 PM - 1:50 PM | Lunch

Join us for a light lunch before the transfer back to the airport

1:50 PM - 2:30 PM | Conflict of laws: Exclusive jurisdiction clauses in trusts

2:30 PM - 3:00 PM | My court process is better than yours

Panellists have 5 minutes to pitch against the clock as to whether their jurisdiction’s court process is better than others:

  • The availability of expedited judicial processes to trust and estate matters; what has worked, what has not and what the future may hold?
  • Comparing processes such as: robust summary judgement, broad rights of disclosure, disclosure witness evidence, legal professional privilege, rights of amendment, pleadings, summary judgment rules, oral deposition, transparency of court records

3:00 PM - 3:15 PM | Co-chairs' closing comments