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Brian Green QC

Call: 1980    QC: 1997

+44 (0)20 7306

Trusts, Tax, Probate & Estates

Brian is consistently star rated in this practice area in the Chambers & Partners and Top Rated in the Legal 500.

As Chambers & Partners has variously put it under this and related headings:

An “exceptional” chancery silk who is widely praised for his work on high-value offshore trusts litigation and pensions work. He is an “extremely astute” practitioner and the top choice of many leading firms for big-ticket disputes involving knotty trusts law problems. (Traditional Chancery 2017).

“An experienced private client and chancery barrister, Green advises on trusts and estates as well as pension tax issues.” “The brilliant thing is his ability to see through complex matters; he is ingenious and very creative. His writing is clear and his drafting is clever.” “He has been an absolute gem: he has given amazing advice and is coming up with great solutions.” (Tax and Private Client 2017)

‘A doyen of the trusts and tax world, who is a “class act” and well regarded both in the UK and overseas. He is known for his calm approach to particularly complex matters and his ability to grasp salient points quickly. He is said to be “commercial, incisive, assertive and always the cleverest in the room: an exceptional asset to have on any case.” “Highly approachable, he’s a measured but brilliant advocate.” (2015)

Brian advises on all aspects of private and commercial trusts, in both the contentious and non-contentious arenas.

Examples of recent leading cases in which Brian has appeared or is due to appear are:

Akers v Samba (UKSC) (2016) – Hague Convention on Recognition of Trusts.

Tang v Tang (HK Court of Final Appeal) (2017) – constructive trusts and account of profits.

Yang-Foo-Oi v Wai Wai Chen (HK Court of Appeal) (2017) – sham, breach of fiduciary duty, family arrangements, rescission, equitable compensation, account of profits.

In addition Brian has appeared and has pending appearances in several dozen offshore cases where he has promoted trust reorganisations, where confidentiality orders have been made.

Private trusts work covers the full range of trusts, estates and revenue related planning and practice, including:

  • The taxation of UK onshore and offshore trust structures, involving both out of court and in court arrangements
  • Variation of Trusts Act applications
  • Compromises and settlements
  • Construction and rectification proceedings
  • Trustee Act and Settled Land Act applications
  • Like proceedings in offshore jurisdictions

Commercial trusts work is exceptionally varied. Examples include advising:

  • Insurance company managers and custodian trustees on the governance and dispute resolution in the operation of real estate unit trust and related limited partnership structures faced with LTV and other related issues.
  • International bondholders concerned to maintain their non-subordinated status under custodian and other trust documents subjected to offshore insolvency proceedings.

Offshore work includes;

  • Ongoing advisory in Bermuda, BVI, Cayman Islands, Guernsey, Jersey, and Hong Kong.
  • Appearances in the Hong Kong Court of Final Appeal, Supreme Court of Bermuda, Grand Court of the Cayman Islands, and BVI Court.
  • Recent advisory work has also involved trusts in the Bahamas, the Cook Islands, Gibraltar, Isle of Man, Mauritius and New Zealand.

Offshore work routinely involves working with professionals in other jurisdictions, including the domiciliary jurisdictions of settlors, US grantors and/or beneficiaries – and Brian’s recent work has involved close association with Austrian, Canadian, Californian, New York and Swiss attorneys, often with a need to understand their relevant tax systems applicable to trust entities.