Simon Gore Consulting Ltd
8 Upper Street, Oakley, Diss, IP21 4AX
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Trust & Private Client 2017 Conference
12th October, London 9am-4pm
9.20 A review of recent probate and estate cases,
- Capacity and want of knowledge and approval
- Forgery and its consequences
- Proper disposal of a body
- Removing Executors and managing Executors’ conflicts
- Preservation of assets
Constance McDonnell, Serle Court
10.00 Insolvency and trusts,
- Is there any such thing as an 'insolvent trust'
- What is the test for an 'insolvent trust'
- In whose interests should an insolvent trust be managed: creditors or beneficiaries
- Subrogation of creditors or receivership?
- Protecting a trustee's claims for costs and remuneration in insolvency
Elaine Gray, Partner, Carey Olsen
10.45 Morning Break
11.00 Latest cases involving trusts holding corporate structures
- Trusts holding corporate structures: the typical scenario
- Recap of current position re anti-Bartlett clauses
- Relevant cases involving anti-Bartlett clauses
- Other cases involving trusts holding corporate structures
- Directors' duties and shareholders' rights
- Trustees' responsibilities
Anthony Poulton, Baker McKenzie
11.40 The Proper Exercise of Dispositive Powers
- The duty of consideration
- The duty to exercise discretion
- The information needed
- What is a good enough reason
- Whether to keep records of reasons
- The perils of non-observance
Piers Feltham, Radcliffe Chambers
12.20 Mediation of trust disputes,
- Why mediate trust and estate disputes in particular?
- Preparing for a mediation
- What to do at the mediation
- Settlement: when and how?
- Risk analysis
James Behrens, Serle Court
1.00pm Latest proprietary estoppel cases and issues (mini session)
Edward Rountree, Hardwicke Chambers
2.00pm Developments in trustees' applications to court for direction
- The Court’s jurisdiction under Re Beddoe and Public Trustee v Cooper
- Prospective and retrospective applications
- Problems of contested evidence
- Orders for disclosure against beneficiaries
- Applications in the context of hostile breach of trust proceedings
- The corporate element
- May/should directions be appealed?
- Modern attitudes to the costs of directions applications
Mark Studer, Wilberforce Chambers
2.40pm How the PSC register will apply to trusts, settlor and protectors
- How the PSC Register works
- Registrability of settlors and protectors
- The new trusts register
- The offshore dimension
- Compliance strategies
- Information security and litigation concerns
Josh Lewison, Radcliffe Chambers
3.20 Afternoon Break
3.40pm Issues in Cross Border Disputes
- When the English Court has jurisdiction to determine the validity of a foreign Will.
- When the English Court has jurisdiction over foreign property.
- The effect of the Succession Regulation on English and European jurisdiction
- Preventing foreign proceedings
- Jurisdiction and TOLATA proceedings.
Richard Dew, Ten Old Square
4.20pm Marr v Collie and Exploring Beneficial Assets
- Share and share alike ?
- The new law on co-owned assets
- When will Stack v Dowden apply?
- Loving and unloving investments
- Muschinski - a remedy without a wrong ?
- Impact on sole owned assets
- Separation, succession & insolvency
Mark Hubbard, New Square Chambers
5.00pm Questions and Close
Registration £150 per person if booked before 31st July - £180 thereafter
3 for 2