Conference programme - Day Two: Friday 26 February

08:40 Chair’s welcome
Sara Collins, Conyers Dill & Pearman, Cayman Islands

08:45 Panel debate: Mental capacity and undue influence
Generations involved in trusts are growing older and one focus must be on their capacity. The issue has always been with us but the trust and estate industry is now reaching a point where a noteworthy part of its work depends on ensuring the ability of the elderly or otherwise incapacitated to make, or have made, valid decisions. And then there’s undue influence. During this session the audience will learn how both issues are closely linked and are an increasingly significant factor in litigation around the world.
Chair: Shân Warnock-Smith QC, 5 Stone Buildings, UK
HH Judge Hazel Marshall QC, Central London Civil Justice Centre
Alison Ozanne, AO|Hall, Channel Islands
Barbara Rich, 5 Stone Buildings, UK
Jonathan Russen, Maitland Chambers, UK

09:45 Interactive session : Did the meeting establish capacity?
Following the panel debate on capacity and vulnerability, this session will give the audience an analysis of different techniques used in interviews intended to establish capacity. The simulation of an interview combined with interactive voting opportunities will allow you to see how your peers would assess capacity in the particular circumstances. Comparison of audience reactions will also be made with other disciplines.
Facilitators:
Robert Hunter, Herbert Smith, UK
Dr Claire Royston, consultant psychiatrist, UK

11:00 Morning coffee

11:30 Case study: Trustees under Fire
This case study is examining the problems, conflicts and costs facing trustees who find themselves in litigation. The panel, on which both trustees and their legal advisors will be represented, will consider the facts surrounding a dispute amongst trust beneficiaries and address a number of specific decision points for the trustees who find themselves a reluctant party to the dispute. The panelists will also look at the way in which the trustees might weigh up costs against prospects of success as the story unfolds.
Joseph Donohoe, RBC Wealth Management, Channel Islands
Jonathan Speck, Mourant, Channel Islands

12:15 Interactive focus groups: Preventing actions against trustees

A: Increasing international compliance
During recent years the trust and estate industry has grown in significance geographically. More available jurisdictions make regulation and structures more complex and offer opportunities for fraudsters to take advantage. With different levels of international compliance in different jurisdictions, it is important to examine the geographical spread of beneficiaries, assets, underlying companies and other parties to identify vulnerabilities. This session will introduce some of the most significant developments and how they may help trustees in serving their clients.
Jon Grouf, Duane Morris, USA
Nedim Peter Vogt, Baer & Karrer, Switzerland

B: Stress-testing structures
In order to deliver high quality services to clients, advisors have to ensure the structures in place are sufficiently stress-tested to withstand attacks from a variety of interested parties. The discussion will give an insight to the different methods applied as well as considering how to identify gaps in the planning, including the enforcement of English court orders in other jurisdictions.
Dawn Goodman, Withers, UK
Richard Wilson, 3 Stone Buildings, UK

C: Making the most of Beddoe
Beddoe orders are a powerful tool for trustees should they face litigation whether as plaintiffs or defendants. In disputes between beneficiaries and trustees a court’s ruling may signal a potential shift in power while also acting as a control mechanism. This discussion will focus on the different experiences and potential difficulties of these applications.
Sofie Hoffman, Boodle Hatfield, UK
Morven McMillan, Charles Russell, UK
Robert Shepherd, Ozannes, Channel Islands

13:30 Lunch

15:00 Leisure activities

19:30 Champagne reception and gala dinner