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Trusts, Tax, Probate & Estates
Tiffany is a member of STEP and she deals with all aspects of trusts and probate work – contentious and non-contentious, offshore, onshore and multi-jurisdictional. The Legal 500 2016 (private client – trusts and probate) describes her as “calm, practical and good with clients” and the 2015 edition described her as “accessible, down to earth, calm and very bright – she goes above and beyond for clients”.
She is recommended by Chambers & Partners 2017 (chancery traditional), which says she has “a wealth of experience in the full range of traditional chancery work” and “receives praise for the insight and concision she shows in her ‘very good written work’; “she continues to impress people”.
She is also recommended in the HNW Guide 2016 in this field as being “exceptionally bright and hardworking … she makes the advice very easy to understand in subjects that are very, very difficult. She breaks it down for the client in a way that is easily digestible”; “she is very easy to work with. She takes a look at the bigger picture, rather than getting bogged down in the minutiae. She is definitely very good with clients, she is very approachable. I have seen her on her feet: she’s very good at cross-examination, and is very persuasive.”
Previous editions of the directories have noted that she is “a highly committed and focused junior, emphatically a rising star in the areas of trust and estate litigation”, “incisive and tactically adept” with an “impressive practice”.
In 2012 Tiffany appeared un-led in the Privy Council in Kelly v Fraser  UKPC 25 – an estoppel claim relating to the transfer of a pension between Jamaican pension funds and dealing with general principles of ostensible authority and detriment.
- Labrouche v Frey (Re Olga Martin Montis)  EWHC 268 (Ch) – successfully acting for Marquesa Soledad Cabeza de Vaca in long-running litigation brought by her son alleging wrongful distribution of £20 million of trust assets and excessive fee-taking by the trustees, arising out of the conversion of a Liechtenstein establishment to a foundation.
- Equity Trust (Jersey) Limited v (1) Labrouche (2) Marquesa Soledad Cabeza de Vaca (2017) – acting for the Marquesa in proceedings brought by Trustees for directions as to whether to investigate alleged overpayments of income over a period of 35 years.
- Currently acting for an executor in proceedings alleging misappropriation of trust assets by the deceased settlor/trustee and seeking an account.
- During 2012-2016 acting for the Hayward family in long-running litigation in the Bahamas in relation to the family trusts of the late Sir Jack Hayward which own half the Grand Bahama Port Authority – various proceedings involving injunctions to restrain distribution of trust assets and the exercise of powers of appointment; setting aside trustee resolutions removing the family as beneficiaries; seeking the appointment of a judicial trustee; and an inquiry as to whether a trustee procured the removal of its co-trustees in breach of duty.
- Skillings v Kibby  EWHC 3165 – acting for successful beneficiaries under a will in a 5 day taking of an account; an account was obtained on the footing of wilful default following misapplication of estate assets; included cross-examination on the questions whether an Old Masters painting was sold at an undervalue and whether excessive fees were paid to non-professional agents. Permission to appeal was refused after a 2 day hearing.
- During 2016 advising the trustee of a Guernsey retirement benefit scheme with only one member, holding assets of around £60 million, as to issues that arise on the divorce of the member where his wife is challenging the exercise of the trustees’ powers and seeking information about the scheme.
- During 2016 advising invalidly appointed trustees how to retire and obtain payment of their fees and expenses from the trust fund; applying to Court to authorise payment of fees and to ratify the actions the trustees had taken while invalidly appointed.
- Advising on proceedings in Jersey to set aside a trust on grounds of undue influence and invalidity of the trust instrument.
- Appearing before the Court of Protection on contested applications for the appointment of a deputy and appointment of a litigation friend.
- Acting for a professional interim receiver appointed under the Mental Health Act 1983 on a claim by a disappointed beneficiary for allegedly negligent failure to procure a statutory will.
- General areas of practice: applications under the Variation of Trusts Act 1958, under the Trustee Act 1925 for enlargement of trustees’ administrative powers and under the Inheritance etc. Act 1975 for provision from the estate of a deceased person; approval of compromises on behalf of minor children; Re Beddoe applications; claims for appointment and removal of trustees and executors; rectification of wills and trusts (including acting for the defendants in Esson v Esson (2011)).