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

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

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

9:00 AM - 9:45 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?

9:45 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: Revocable trusts and beneficiary standing

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.

12:00 PM - 1:00 PM | Interactive Focus Groups: Insolvent trusts: Where are we with Z Trusts and are there more insolvent trusts than we think?

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?

12:00 PM - 1:00 PM | Interactive Focus Groups: Navigating the equitable remedy maze in the post Watson v Kea era

Navigating the equitable remedy maze in the post Watson v Kea era

• When to apply for an account and in what form
• How to boost your quantum after Watson v Kea

12:00 PM - 1:00 PM | Interactive Focus Groups: Trustees: Claimant, investigator and prisoner?

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: International family provision claims

International family provision claims

• The impact of family provision claims across different jurisdictions, including issues surrounding the domicile of the deceased

2:00 PM - 3:00 PM | Interactive Focus Groups: Bermuda’s s. 47 regime

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

2:00 PM - 3:00 PM | Interactive Focus Groups: Cross jurisdictional privilege: Under attack?

 Cross jurisdictional privilege: Under attack?

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

2:00 PM - 3:00 PM | Interactive Focus Groups: Rusnano v Molard: Are you still protected? Tax & trustee obligations

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

3:00 PM - 4:00 PM | Keynote: In conversation with... The Rt Hon Lord (Charles) Falconer

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

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

8:00 PM - | Gala Dinner

9:40 AM - 9:45 AM | Opening remarks from co-chairs

9:45 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?

• 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?
• When is a LOW too old to be relied upon
• Long in the tooth trustees & protectors & other advisers: who are they hanging around for – the beneficiaries or themselves?

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

1:50 PM - 2:30 PM | Jurisdiction clauses in trust instruments

This session considers recent offshore case law on the construction and effects of jurisdiction, forum for administration and arbitration clauses; and the roles of the court in supporting and supervising arbitral proceedings and foreign courts. It then considers the future of English trusts jurisdiction clauses in the light of the current Brexit negotiations

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