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Trusts, Tax, Probate & Estates
Jonathan undertakes a wide range of trusts and estate work, both as sole counsel and as part of a wider team. He has worked on offshore litigation involving both commercial investment trusts and more traditional family trusts, and in relation to jurisdictions such as Gibraltar, the Cayman Islands and the BVI. His work as sole counsel ranges from offshore trusts work to domestic trusts and estates work, such as 1975 Act or TOLATA claims.
Recent examples of Jonathan’s trusts and estates work include:
- Matchmove v Dowding (permission  EWCA Civ 313; full appeal forthcoming.) The dispute concerns the proper application of constructive trusts where there have been informal agreements. Jonathan, having obtained permission as sole counsel, is led by Jonathan Seitler QC for the appeal.
- Acting as sole counsel advising trustees based in Gibraltar on litigation arising out of potential proprietary claims arising out of the Madoff litigation.
- Successfully defending a solicitors’ firm in a two-day trial from claims by beneficiaries of an IHT scheme that the firm had acted negligently in relation to the distribution of proceeds of sale triggering higher tax liabilities.
- Working on multi-million private family trust litigation in the Cayman Islands (reported as AB Jnr & Or v MB & Ors [18 December 2012]), with the Withers LLP contentious trusts team.
- Providing chancery advice in relation to the beneficial ownership of a property and shares in an offshore holding company in a high-value divorce in the Family Division (with Andrew Mold).
- Appearing at first instance and on appeal to the High Court in a dispute relating to the beneficial interest of a trustee in bankruptcy to assets in the hands of a post-bankruptcy creditor (the case settled before judgment in the appeal).
- Settling pleadings in and appearing in court on 1975 Act claims.