Contentious Trusts

Having acted for trust corporations and trust entities for many years, we have extensive expertise in trust and trust-related disputes, both onshore and offshore

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Having acted for trust corporations and trust entities for many years, we have extensive expertise in trust and trust-related disputes, both onshore and offshore.

Trust disputes often present a very particular set of difficulties and legal issues, many of which derive from a trustee’s special responsibility as fiduciary. These may relate to how costs are dealt with, the protection of trustees from personal liability, breaches of trustees’ obligations and challenges over the administration of the trust.

Our client base comprises international trust companies, wealthy private clients, professional trustees and executors.

In addition to advising on contentious trust or estate matters, we also provide ongoing advice in relation to administrative risk regulation to avoid problems arising in the future.

Areas in which we have particular expertise include:

  • Trustees’ liability for breach of trust
  • Beddoes applications
  • Representation of offshore trustees joined or wishing to intervene in English matrimonial proceedings
  • Claims under the Inheritance (Provision for Family and Dependants) Act 1975
  • Disputed wills – undue influence testamentary capacity
  • Court administration of a trust/settlement or directions as to their proper construction
  • Removal of trustees from office
  • Trustees’ costs in court proceedings
  • Tax hearings before the Special Commissioners

The Fladgate team shows strength at all levels. Simon Goldring is a standout partner who combines the rain-making role and establishes a deep rapport with ultra-high-net-worth clients, along with exceptional engagement with the day-to-day management of the team's matters. Exceptionally talented senior associates Rosalind Hetherington and Emilly Williams play a leading role in the team's success. Jerry Jamieson is a very capable and effective associate, and the team has been further strengthened this year by the arrival of Ed Parkes, a very experienced contentious trusts litigator. The firm makes a policy of strongly promoting more junior lawyers and ensuring their work is visible to clients and the wider market. The above may read like a puff piece, but it does in fact accurately reflect a team that genuinely stands out from its competitors in this space.

Simon Goldring is one of the new leaders of the current generation of private client lawyers. He has a magnetism that attracts other talent and leads by example. Edward Parkes is a superbly talented and efficient lawyer - a great addition to the team. Rosalind Hetherington is forensically brilliant and has the ability to cut through all the noise to focus on the best point on any issue. Kitty Brockbank has a wonderful combination of empathy and practicality, which is perfect for resolving private client disputes.

The Fladgate team led by Simon Goldring and Ros Hetherington is awesome. They can handle a huge volume of highly complex and demanding litigation with immense skill and calmness. In my experience, they are second to none in contentious trusts matters.

The Fladgate team are very good, practical and always come up with solutions. They do a very good job in explaining complexity to clients who may not understand well. They are able to summarise things very well and help to make decisions through this.

The Fladgate team are very good at dealing with complex, valuable matters.

Most personal and friendly approach to each client and situation. Always impressive results and commitment to deliver solutions

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