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Contentious trusts: a conversation between lawyer and trustee

28 Sep 2023

The landscape of the private wealth world has shifted seismically in the last 10 to 15 years. The discretionary family trust has moved from being an asset preservation vehicle with a dynastic rationale to being seen by prospective settlors much more as a commercial, business-operating tool. With this shift comes far greater scope for contention.

Combined with the ascendancy of crypto-assets, ESG, far stricter substance regulations and a good measure of market volatility, the shift has laid a potential minefield for the discretionary trustee.

In this unique whitepaper, drawn from a real-time dialogue between myself and Ogier’s James Angus (Partner, Dispute Resolution & Insolvency), we discuss these themes from both a professional trustee’s and a lawyer’s perspectives.

Download discussion paper

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