OXFORD UNIVERSITY PRESS

International Trust Disputes

ISBN : 9780199594702

参考価格(税込): 
¥46,563
著者: 
Sara Collins; Steven Kempster; Morven McMillan; Alison Meek
関連カテゴリー
ページ
600 ページ
フォーマット
Hardcover
サイズ
176 x 252 mm
刊行日
2012年02月
メール送信
印刷

The number of disputes involving trusts has risen significantly in recent years. Many disputes take place in the international environment and cross-border jurisdictional issues may arise. These disputes often involve large sums of money, impacting significantly on family relations. The handling of such disputes requires specialist skills and knowledge, including an understanding of how and why private trusts are established and administered and the problems that can arise; an awareness of the cross-jurisdictional issues that may be relevant; and the ability to identify practical legal solutions to the dispute that are compliant with trust principles. International Trust Disputes provides a comprehensive and thorough treatment of this topic. Acting as a specialist guide for practitioners, it offers a survey of the special considerations that may arise with regard to trust disputes as well as a definitive guide to the issues which may be encountered in the jurisdictions where disputes are most likely to take place.

目次: 

PART 1 GENERAL PRACTICE AND PROCEDURE
SECTION A JURISDICTION
1. Jurisdiction and Cross Border Issues
SECTION B EXTERNAL DISPUTES
2. Matrimonial Disputes
3. Succession and Forced Heirship Disputes
4. Sham Trusts and Reserved Powers
5. Asset Protection and Insolvency
6. Dishonest Assistance
SECTION C: INTERNAL DISPUTES
7. Internal Disputes
8. Breach of Trust Claims
9. No-contest clauses
10. Mistake, Rectification and Hastings-Bass
11. Setting Aside Trusts, Undue Influence and Capacity
12. Retirement, Replacement and Removal of Trustees
13. Rights to Information
SECTION D: PROCEDURE
14. Directions and Beddoe Applications
15. Injunctions
16. Representation of Parties
17. Involvement of Charitable Interests
18. Alternative Dispute Resolution
19. Variation and Compromise
20. Appeals
21. Costs
PART 2: JURISDICTIONS
22. Bermuda
23. The British Virgin Islands
24. Cayman Islands
25. Gibraltar
26. Guernsey
27. Isle of Man
28. Jersey
29. Liechtenstein
30. New Zealand
31. Switzerland
BIBLIOGRAPHY
INDEX

著者について: 

Sara Collins was formerly a partner and Head of Trust & Private Client in the Cayman Islands office of Conyers Dill & Pearman. Sara has published regularly and is the Cayman Islands correspondent for Trusts & Trustees. ; Steven Kempster is a partner and head of the Trusts and Estates Disputes group at Taylor Wessing (London). He specialises in the resolution of disputes relating to the formation or administration of trusts and estates in England and in the offshore jurisdictions. He is a registered member of the Association of Contentious Trust and Probate Specialists (ACTAPS).; Morven McMillan is Partner and Head of Trusts Cayman Islands, Mourant Ozannes. She is a specialist in the field of contentious trusts disputes and also has considerable experience in non-contentious work. She is regularly involved in disputes relating to trusts, wills and inheritance. Morven is a member of the Society of Trust & Estate Practitioners (STEP), and of the Association of Contentious Trust and Probate Specialists (ACTAPS), and speaks regularly at international conferences.; Alison Meek is a partner at Harcus Sinclair. She specializes in contentious trust and estate work for both onshore and offshore clients. She is a founder member of the Association of Contentious Trust and Probate Specialists (ACTAPS).

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