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Trusts, Tax, Probate & Estates
Many of James’ recent cases have a significant trust law element.
In addition to cases involving pension schemes, and commercial cases involving trust arguments, James’ experience in this area includes:
- Acting for an executor where an issue arose as to the proper interpretation of a self-dealing authorisation clause, as well as the proper interpretation and scope of an exoneration clause. The executor succeeded: Barnsley v Noble.
- Advising and acting as junior in a multi-faceted and multi-jurisdictional matrimonial dispute concerning inter alia the operation of family trust arrangements in Cyprus and the BVI.
- Advising in the context of intestacy and on the proper interpretation of wills and trust documents.
- Acting for and against trustees in the context of alleged conflicts of interest.
- Acting on an application for court approval of an amendment to an employee benefit trust deed in the context of a £300m takeover of the employer, where the trustee was the major shareholder of the employer, and advising subsequently.