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Trusts, Tax, Probate & Estates
In late 2013, Tom undertook a three month secondment at the litigation department of Mourant Ozannes’ Guernsey Office where, under the supervision of Jeremy Wessels, he gained experience of high-value international trust litigation.
In particular, he worked extensively on litigation concerning the administration of a Tchenguiz family trust pending the handing down of Lieutenant Bailiff Chadwick’s judgment in Investec & ors v Glenalla & ors (unreported) (6 December 2013), and in the preparation of Investec’s appeal against the judgment thereafter.
Other recent illustrative cases include:
- Acting for a beneficiary of an estate, who also held a power of attorney for the deceased prior to his death, resisting a Beddoe application by the personal representative seeking an account of her handling of the deceased’s financial affairs.
- Acting for a Nigerian company, which is the registered owner of a substantial property in London, defending a claim by the former partner of one of the company’s directors, for a declaration that she was entitled to a beneficial interest in the property by way of a common intention constructive trust. She had previously sought relief under the Matrimonial Causes Act 1973, but failed as the judge found that she was never married to the director, but had assumed the identity of the director’s real wife.
- Advising, in the context of divorce proceedings, whether a purported trust of shares created by the husband was a sham.
- Appearing for the defendant beneficiary in the two-day trial of a claim by an adult ‘child of the family’ for maintenance under the Inheritance (Provision and Family and Dependants) Act 1975.
- Acting on a pension trustee’s application for the court’s approval of the terms of a settlement agreement with the providers of spread-betting services who had offset losses and gains between beneficiary clients’ SIPP and personal trading accounts (with Rupert Reed QC).