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The number of disputes involving trusts has risen significantly in
recent years. Many disputes take place in the international
environment and cross-border jurisdictional issues may arise. These
disputes often involve large sums of money, impacting significantly
on family relations. The handling of such disputes requires
specialist skills and knowledge, including an understanding of how
and why private trusts are established and administered and the
problems that can arise; an awareness of the cross-jurisdictional
issues that may be relevant; and the ability to identify practical
legal solutions to the dispute that are compliant with trust
principles. International Trust Disputes provides a comprehensive
and thorough treatment of this topic. Acting as a specialist guide
for practitioners, it offers a survey of the special considerations
that may arise with regard to trust disputes as well as a
definitive guide to the issues which may be encountered in the
jurisdictions where disputes are most likely to take place.
The new edition of this leading work continues to provide full
analysis of the legal and practical aspects arising in trusts
disputes, with attention to jurisdiction-specific issues covering
ten of the most relevant territories. Since the last edition the
law has developed at a fast pace and trust disputes continue to
increase as international trusts reach the second, third and
sometimes fourth generation of beneficiary. In particular, there
have been changes made to the law of succession in England and
Wales (Intestacy Rules 2014) and case law such as Ilott v The Blue
Cross [2017] which consider the implications for family provision
under the Inheritance (Provision for Family and Dependants) Act
1975. Developments relating to the position of trusts in
matrimonial disputes are analysed and the issues for trust disputes
and rights to information under The Data Protection Act (Dawson
Damer v Taylor Wessing [2017]) are also included. Other important
case law which is now considered include Pitt v Holt, re Futter
[2013] and the development of the law of mistake thereafter, and
the Pugachev litigation on sham trusts. International Trust
Disputes provides a comprehensive and thorough treatment of this
topic. Acting as a specialist guide for practitioners, it offers a
survey of the special considerations that may arise with regard to
trust disputes as well as a definitive guide to the issues which
may be encountered in the jurisdictions where disputes are most
likely to take place.
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