Certainty of intention, certainty of subject-matter, and certainty of objects - these are the fundamentals in setting up a trust. However, this is coming into question in several recent cases - what about certainty of language, for example? These are still mentioned in cases where things go fundamentally wrong, what should we consider?

This debate will focus on ‘woke’ themes which are affecting our practice - charities, impact investing, reputation management in a ‘cancel culture’; how they intersect with the duties of trustees, and the fragmentation of approaches across jurisdictions as the world shifts.

Offshore jurisdictions are sometimes homogenised at these conferences, but we want to critically examine recent developments and changes in different jurisdictions - where is arbitration allowed? How do different confidentiality regimes work? What are the limitations on transactions to defraud creditors? This session will answer these questions and more. 

Litigation can be brutal. But just how brutal can it get? This session explores the most aggressive tactics and dirtiest tricks that can be brought to bear in trust and estate litigation. Following our popular session last year, we will discuss everything we didn’t get round to last time… 

Mental capacity issues facing vulnerable clients.

Why aren’t trust matters determined at arbitrations, despite some jurisdictions having specific statutes that permit such issues to be determined through arbitration? 75% of disputes worldwide are determined in arbitrations, so why are virtually none of these trust cases, especially given the guarantee of privacy?

When should a trustee feel confident to make a decision, when is beneficiary consultation appropriate, and when might a court application be required? There is greater confidence from offshore trustees in their decision-making - a great contrast to years gone by when people were running to the courts to seek sanctions for anything and everything. This session will discuss star trusts, enforcers, trustees, and protectors. 

Dress Code - Cocktail

This session will examine the intersection of the trust and estates litigation world with the criminal - parties and governments are increasingly targeting lawyers and this will examine potential exposure. We will begin with a discussion around the recent post office scandal, before moving on to discuss the taking of evidence; issues relating to the gathering of evidence in trust and estate disputes involving various jurisdictions. 
Green v CT Group Holdings Limited [2023] EWHC 3168 (Comm)

This panel will examine legal privileges in cross-border litigation from a civil law, commonwealth and US perspective.  Which privileges are available when?  How might privileges be enhanced, and conversely how they might be waived, and what are the implications of waiver? What should one consider in multi-jurisdictional cases when transmitting and using information from one jurisdiction to another jurisdiction?

This session will examine how the boundaries of trusts concepts are being tested in the fraud and asset tracing sphere, how trustees are becoming embroiled in fraud cases more generally and how, as frauds become more complex, it may be necessary to take additional care when assessing cases that may not immediately appear to involve fraudulent behaviour.  Some things to look out for.

Is judicial discretion to revise testamentary/intestacy dispositions really more problematic than fixed shares?  What really happens when - as is all too often the case - fundamentally different systems clash in cross-border litigation, in particular over enforcement of heirs' succession rights? All lawyers should be reminded that all forced heirship regimes are not equal, and this session will do just that. 

This session will consider situations in which fiduciaries are bound by regulatory obligations or legal prohibitions relating to financial crime or sanctions, but compliance with those obligations would prima facie conflict with the ordinary discharge of fiduciary dutie

Why is losing the trust fund to theft different from presiding over its loss through unwise investment? This session will examine DBS Trustee in Hong Kong with Ivanishvili in Singapore.

Cultural City Bike Tour

Hidden Secrets of the Medina

Dress Code - White Party