Overview

We advise trustees and other fiduciaries on the wide range of issues that impact the operation of trusts, and UK and international trust companies on managing trust portfolios including the transfer of books of trust business between companies.

Areas of focus

Our expertise includes:

  • Advice on the use of trusts and other fiduciary arrangements for wealth planning, succession, taxation and asset protection purposes.
  • Tax advice in relation to UK and non-UK trust structures.
  • Writing bespoke and standard form trust documentation.
  • Advice on the transfer of trust portfolios between trust companies.
  • Advising on some of the largest and most complex trust and probate litigation in the country.
  • Advising trustees on bank loan documentation.
  • Advising on the use of protectors and other third party power holders, including on the scope and responsibilities of each role.
  • Advising on all aspects of the appointment and removal of trustees and protectors.
  • Advising on the potential impact of marital breakdowns on new and existing trust structures, including associated tax issues.
  • Advising on the administration of trust assets, making income and capital distributions, maintenance of accounting records and monitoring of investment performance.
  • Advice on trustee’s fiduciary duties when considering investment criteria, including from both a tax and ESG perspective.
Experience

Creating private trust company structures for numerous ultra-high net worth families, including families from the Middle East, Latin America, Europe and South Africa.

Advising on the creation and funding of excluded property trusts by non-UK domiciliaries, including detailed advice on the protected settlement rules and key issues to be aware of in order to ensure a structure is not tainted inadvertently.

Advising trustees on complex disclosures in relation to historic tax liabilities.

Advising a Jersey resident trust company on its sale of a company holding significant UK real estate, including on the corporate documentation and tax implications

Advising on the implications of the settlor’s potential divorce on a substantial trust structure, including on information requests, considering the impact on the dispositive provisions and beneficial class and analysing the associated tax issues.

Drafting trust documentation for a leading bank owned international trust company.

Regulatory due diligence on the acquisition of a book of trusts for the acquiring corporate trustee.

Advising a disappointed beneficiary in relation to rectification of a negligently drafted deed of appointment and related proprietary estoppel proceedings.

Advising commercial trustees in relation to obtaining costs protection.

Advising the sole beneficiary of a significant estate in relation to a claim against the estate brought by one of its executors.

Advising trustees on the creation of remittance trusts by individuals moving to the UK to provide pure capital for the individual's UK funding needs.

Meet the team
catherine-de-maid

Catherine de Maid Partner

  • International tax and trusts
  • Head of Philanthropy
  • Succession Planning and Wills
Justin Briggs

Justin Briggs Partner

  • Trust Disputes
  • Tax Negligence
  • Pension Disputes

Suzanna Harvey Partner

  • Head of Private Wealth
  • Private Client Services
  • International Tax
Tom Hewitt

Tom Hewitt Partner

  • Private Wealth
  • Head of Estates and Land
  • Head of Food and Farming
Kevin Kennedy

Kevin Kennedy Partner

  • Estates and Land
  • Private Wealth
  • Agricultural Disputes
Richard Handel website

Richard Handel Partner

  • Family Law and Divorce
  • Private Client Services 
  • Private Wealth
Emma Heelis-Adams

Emma Heelis-Adams Partner

  • Private Client Services
  • International Tax
  • HNW and UHNW Individuals
James Sutherland

James Sutherland Partner

  • Head of Real Estate Disputes
  • Dispute Resolution
  • Professional Negligence
Dominic Davis

Dominic Davis Partner

  • Corporate M&A
  • Private Wealth
  • Entrepreneurs

What others say...

They are internationally minded, fully informed on a constant basis and always looking to provide answers and not string things out.

Client quote, Chambers 2023

Key contact

catherine-de-maid

Catherine de Maid Partner

  • International tax and trusts
  • Head of Philanthropy
  • Succession Planning and Wills

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