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 | Chair welcome

7:05 PM - 7:45 PM | Futuristic litigation: Cars, carats, cabernet, crypto or cannabis?

This tongue-in-cheek welcome session debates which trust investment, across a range of exotic assets, poses the greatest threat (or enjoyment) to litigate. Are they appropriate trust investments and how should one structure it, whilst navigating the challenging compliance and risk landscape?

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” and Human Rights

Given the impact of Human Rights legislation and modern reproductive techniques, this session dives into the thorny issue of how to define “legitimate children” for the purposes of cross-border trusts, and which technical difficulties commonly give rise to litigation.

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?
  • Fraud on powers and loss of substratum: What is “right?”

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

  • Ji v DBS Trustee 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) Are you still protected? Tax & trustee obligations

  • Discussion surrounding the impact to protected trusts when unexpected rulings occur
  • The effect of insurance policies
  • The link between Re Z Trusts and insolvent trusts: What should trustees be doing, now that tax changes have increased the likelihood of insolvent trusts? Are there opportunities for litigation here?

C) Passing of accounts: The right to insist, the ability to resist

In what circumstances should you investigate? How and when?

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) Insolvent trusts: Ready for retirement?
  • Understanding the impact of the Jersey Court of Appeal judgment in Re Z Trust (for which leave has been granted to appeal to the Privy Council), including trustees retiring from or taking on existing trusts
  • The extent and limits of the rule in Saunders v Vautier
  • Rusnano Capital AG (in liquidation) v Molard International (PTC) Limited: Is Rusnano right?
B) Crochiani and the interpretation of laws
C) Blessing in disguise: Public Trustee Cooper

When will the court intervene in the administration of trusts and, in particular, in what circumstances might the court be willing to exercise the discretion vested in the trustee, with reference to the recent English court decision of AB –v- CD?
D) Cross jurisdictional privilege: Under attack?

Navigating a range of cross-jurisdictional privilege rules, from the German Volkswagon 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

Dakis Hagen QC, Serle Court, UK
Nicholas Holland, McDermott Will & Emery, UK

10:00 AM - 11:30 AM | The Friday Morning Show with your hosts Stella Mitchell-Voisin and Rupert Ticehurst

  • ​​​​​​Assisted dying – what are the risks for estates ?
  • Filming the elderly/infirm when preparing wills – good idea or a gift to litigators?                                                                 
  • Aggressive lawyers – are they effective or just disturbed?
  • Trustees – have we been removed or not?
  • Long in the tooth trustees & protectors & other advisers: who are they hanging around for – the beneficiaries or themselves?
  • When is a LOW too old to be relied upon?
  • Is it time to have project managers in international trust and estates litigation ?
  • Can we have a word “off the record”? Is there such a concept?

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

12:00 PM - 12:50 PM | Nizam of Hyderabad vs Pakistan

This case speaks for itself. The verdict has now come in, with overwhelming evidence that Pakistan only held the money as a trustee and it actually belonged to the Nizam. So what really went on behind the scenes?

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 | Time for a restructure?

  • 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
  • Generational shifts – how to manage the trust?

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-chair’s closing comments

Dakis Hagen QC, Serle Court, UK
Nicholas Holland, McDermott Will & Emery, UK