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Registration Hotline - 01379 740619

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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

Agenda

Conference chaired by Edward Rountree, Hardwicke Chambers


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

- Costs

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

- Tax

James Behrens, Serle Court


1.00pm Latest proprietary estoppel cases and issues (mini session)

Edward Rountree, Hardwicke Chambers


1.15 Lunch


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

CPD

6 hours

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