Trust Disputes

Our leading Trust Disputes team has been involved in most of the major trust-related cases in Bermuda, BVI, Cayman Islands, Guernsey, Isle of Man and Jersey, which are undertaken both by teams on the ground and by the support of our wider network in Hong Kong. Our lawyers possess a unique concentration of expertise in acting for trustees, beneficiaries, settlors and protectors on all manner of claims, including:

  • Validation and administration of trusts, including the consideration of sham trusts, constructive trusteeship and tracing claims
  • Bringing or defending actions against trustees for breach of trust
  • Resolving disputes among beneficiaries or between them and trustees
  • Representation of minor and unascertained beneficiaries
  • Applications for court approval for the variation or resettlement of trusts
  • Applications to court for directions by trustees or beneficiaries

Our Dispute Resolution team works closely with Appleby’s Private Client & Trusts lawyers on trust disputes matters.

Some recent examples of work include:

  • Representing Prince Jefri Bolkiah of Brunei in high-profile litigation with the Sultan of Brunei to recover assets arising out of alleged misappropriation of US$15 billion from the Brunei Investment Agency, requiring parallel proceedings in both the Cayman Islands and Jersey
  • Acting in relation to the recovery of funds said to have been deposited in a bank in the Isle of Man by Abdul Kadhir Abacha, brother of the late General Abacha, the former military dictator of Nigeria
  • Advising a trustee in relation to a hostile application to remove its co-trustee as trustee of a number of trusts on the basis of a clear and obvious conflict of interest, culminating in an order from the Royal Court of Jersey removing the co-trustee