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Trusts, Tax, Probate & Estates
Tom has a broad range of experience of private client disputes, which span the range from very modest domestic trusts and estates to off-shore trusts worth hundreds of millions of dollars. His interest in work in offshore jurisdictions stems from his secondments in Guernsey, Cayman and the British Virgin islands between 2013 and 2015.
As a complement to his property practice, Tom also frequently advises and appears on disputes concerning trusts of property.
Illustrative cases include:
- Advising a beneficiary of a substantial Guernsey trust in connection with a contested application by the trustee for the ‘blessing’ of a proposal to separate the interests of various beneficiaries into new trusts (with Jonathan Hilliard QC)
- Advising a former trustee of an insolvent Guernsey trust, in the context of administrative proceedings, in relation to the extent of its obligations to disclose information to incoming trustees and the extent of its right to recover legal fees incurred in earlier proceedings
- Appearing (unled) in the Cayman Islands Court of Appeal on behalf of the executor in contentious probate proceedings, concerning the nature of a beneficiary’s interest in assets of a deceased’s estate during its administration and issues as to whether complaints about maladministration were barred by laches: Hinds v Hinds CICA 6/2013
- Extensive work on the appeals to the Court of Appeal and the Privy Council on issues concerning the nature of a Trustees’ personal liability and the extent of its indemnity under Guernsey and Jersey Law, arising from the first instance decision of Lieutenant Bailiff Chadwick’s in Investec & ors v Glenalla & ors (unreported) (6 December 2013)
- Acting for the litigation friend of an incapacitated defendant defending a claim brought by her daughter-in-law for declarations that the daughter-in-law was the beneficial owner of the defendant’s home
- 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