The next wave of litigation won’t just be about what trustees did — but what they failed to do. As economic and geopolitical pressures mount, trustees who “sat on their hands” during difficult times are increasingly exposed to claims. This session will explore emerging risk areas, including criminal investigations affecting trust assets, persistent privacy concerns (notably in Guernsey), crime, and governance failures such as inquorate board meetings and gross negligence. We’ll also examine controversial decisions, such as the Guernsey Court of Appeal’s approval of using one trust’s assets to meet another’s liabilities, and the growing issue of trustees wanting to resign — but being unable to, as seen in recent Liechtenstein cases. For litigators, the landscape is shifting fast — and trustees are firmly in the crosshairs.

This session explores the implications of the Privy Council’s decision in Dawson-Damer, which introduces new uncertainty around what constitutes adequate deliberation by trustees. The session will also examine how the decision intersects with blessing applications, judicial oversight, and the legal status of non-decisions in trust law, as seen in cases like W Trust. We will address the growing pressure on trustees to reach the “right” decision rather than exercising independent discretion, and the emerging tax implications of using variation applications to reverse previously irrevocable exclusions of beneficiaries.

When is a personal representative not a personal representative?  What strategies can be adopted by beneficiaries and creditors resisting civil actions by administrators by undermining their standing?  How can the law of the domicile affect such strategies? What if the estate is insolvent – the panel will discuss recent developments in this sphere from the onshore and offshore world including recent illuminating case law from the BVI.

Art litigation reaches far beyond questions of “is it real?” Join us for a tour through the market’s most pressing issues: provenance controversies, authenticity fights, restitution claims for Nazi-looted art, commission disputes, cultural-property challenges, forgery scandals and the tax consequences that sit beneath them. A practical look at where art, law and taxation collide.

Trustees are entitled to reasonable fees for their services — but does this financial interest place them in unavoidable conflict with the very beneficiaries they are meant to serve? This discussion explores whether the legal framework genuinely resolves the inherent tension between fiduciary duty and remuneration. Are disclosure and document provided, statutorily set or court-approved fee regimes enough to “smooth over” this conflict, or do they merely paper over a deeper structural issue? With rising scrutiny on trustee conduct and increasing litigation around trust management costs, this is a question that cuts to the heart of modern fiduciary responsibility.

Secret or informal (and often highly contentious) arrangements. The recent English C.A. judgment in Lorenz v Caruana on the validity of a secret trust provides a doorway for looking at whether informal arrangements - such as promises made in life by the deceased - are vulnerable to attack. Our panel will review the historical uses of secret trusts, the perils of deploying such arrangements in modern times, and consider risks inherent in the use of powers of attorney and other forms of agency for asset holding/management and succession purposes.

Corporate investigators and whistleblowers can crack a case open, but at what cost? From surveillance and dumpster diving to the receipt of leaked or hacked documents, this session explores the risky territory of non-standard evidence gathering. We will debate where the line is drawn between robust advocacy and professional misconduct, and ask the question: once you have the "smoking gun," will the court actually let you use it?

Former hostage and crisis negotiator turned keynote speaker and podcast host. Nicky doesn’t just motivate—she transforms the way audiences think about communication, trust, and connection. Audiences leave not just inspired, but equipped with a new way to talk, lead, and connect—with courage and clarity.

It is said that "the vanity and presumption of governing beyond the grave is the most ridiculous and insolent of all tyrannies" but wealth-creators may be justified in feeling that it is their right to do so where their money is involved. Where they do, what are the perils of legislating for the future when estate planning? And do even the best-laid schemes ever succeed in the face of a determined litigant?  

This session will examine the issues that arise when advising wealth-creators on estate planning which is intended to endure for generations and will debate the best way of preventing future disputes. Is early communication, education and expectation management really more effective than robust vehicles and no-contest incentives? 

Our multi-jurisdictional panel will present a problem scenario that pushes beyond conventional trust litigation, touching on practical challenges involving non-English-law but trust-like structures and cross-border enforcement issues. You will work together in your groups to pool ideas and experiences to devise some ideas on strategy. 

Cases abound of vulnerable persons whose spouses, caregivers, or advisors misuse their positions to seize control of fortunes and autonomy. From a billionaire wife targeted by her husband to caregivers scheming to obtain property, these scenarios reveal how easily the system can be abused - and how reluctant many vulnerable individuals are to seek help. However,  protective appointments can be an extremely valuable protective tool, when used as intended.

This session explores how lawyers, bankers, and family members can protect the vulnerable with appropriate, minimally intrusive tools when truly needed. We will also consider which jurisdictions offer the strongest safeguards against exploitation.

PTCs are a big favourite of families who see the benefits of sophisticated wealth structuring but want to retain some control - and might even be viewed as a risk management tool for professional trustees.  But what about the potential pitfalls?  How do you manage: family members or trusted friends on the board; a change in focus or direction when the wealth creator passes on; succession of officers; appropriate holding structures; conflict within the family/board; conflicts of interest and self-dealing issues in larger structures; high value litigation against a trustee with few assets and limited insurance cover? This session will explore the pros and cons drawing on practical experience of issues arising in a litigation context.

A fast-paced tour through the latest global developments in trust disputes on divorce and in inheritance disputes. We’ll unpack headline cases from London, New York and beyond, highlight traps practitioners keep falling into, and explore how civil law jurisdictions are reshaping the landscape in divorce disputes and in inheritance disputes. Expect practical insights on when trustees should give evidence, when they should run for cover, and what recent judgments really mean for asset protection.

Young David Balfour, in search of his inheritance, is kidnapped by Captain Hoseason at the behest of David’s evil uncle Ebenezer. What can his friends, Mr and Mrs Campbell do to help him? This session will explore the issues and remedies when a person is taken across borders, and will consider capacity, management of property and affairs, and how to get them back.

9 Hole Golf Challenge

Falconry

Whiskey Tasting

Archery

We will be hosting a traditional Scottish ceilidh with a band after dinner, so do bring your dancing shoes!