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Trusts, Tax, Probate & Estates
Jack regularly accepts instructions on a wide range of matters where trusts are involved. Jack’s trust practice encompasses a wide variety of domestic and international trust disputes as well as trust claims arising out of fraud, breach of fiduciary duty or other cases involving asset tracing. He is also often instructed to provide trusts advice in the context of other areas of law including in the divorce context.
Jack’s recent experience includes:
- FNTC v BBLL: Acting as junior counsel (with Alan Gourgey QC) in relation to a hard fought claim for dishonest assistance and breach of trust arising out of the purchase of a Spanish Apartment complex.
- Re Confidential Trust: Acting for the settlor of several property trusts in seeking a declaration that certain of those properties are held on trust for his children as part of ongoing ancillary relief proceedings.
- DBS v Zhang: Acting for the Respondents to an appeal to the Hong Kong Court of final appeal as to the application and scope of Anti-Bartlett clauses and the irreducible core of trusteeship.
- Re 1947 Settlement: Acting for the trustees of an English settlement in seeking declarations from the High Court in relation to the governing law of the settlement and the effect of that governing law on the appointment of trustees by a foreign court.
- Re A Trust: Acting for the discretionary object of a trust in proceedings for a multi-billion dollar worldwide freezing and proprietary injunction over the purportedly distributed assets of the trust.
- Lemos v Blue Diamond: Acting for the Claimants in a claim relating to the legal and beneficial ownership of shares in two Liberian Corporations.
- Re A Trust: Advising the administrator of a trust in relation to an allegedly fraudulent appointment.
- Brudenell-Bruce v Moore and Cotton  EWHC 3679 (Ch): Acting with Clare Stanley QC in a three-week trial of a claim for breach of trust and the removal of trustees issues as to (a) the scope of trustees’ powers and duties to manage trust property (b) trustee remuneration (c) acquiescence and concurrence by beneficiaries (d) the relevant principles to be applied when considering whether to remove trustees and (e) the measure of damages for losses sustained by trusts.
Jack also has extensive advisory experience including:
- Advising the trustees of several London properties as to the scope of their duties to carry out works to trust property and their ability to recover expenses from the fund.
- Advising the executors of a deceased’s estate as to the merits of an intimated claim in Jersey under the Inheritance (Provision for Family and Dependants) Act 1982.
- Advising the settlor of a trust under the Schedule 1 Children Act as to a potential claim against his former solicitors for failing to settle on more advantageous terms.
- Acting for the beneficiary under a trust in seeking to have monies paid into court.
- Providing advice as to the scope of trustees’ powers and acting in respect of Inheritance Act Claims.