2018 Trust & Estates Litigation Forum

Legal Week Trust & Estates Litigation Forum 2018 

4-6 March 2018
Hôtel Royal
Évian-les-Bains, France

Conference Programme

Day One: Sunday 4th March 2018

12.00 Guests arrive at their leisure

19.00 Drinks reception 

20.00 Welcome dinner

Day Two: Monday 5th March 2018

08.00 Early bird masterclass
England versus offshore: Ramifications and liability for creditors and others
The duties of trustees in insolvent situations
What sort of insolvency regime, if any, should apply
The exercise of fiduciary powers in insolvent situations
Joanne Verbiesen, Harneys, Hong Kong
Bruce Lincoln, Mourant Ozannes, Jersey 

09.15 Welcome from the chairmen
Dakis Hagen QC, Serle Court, UK
Nicholas Holland, McDermott Will & Emery, UK

09.30 Opening panel
Caught in the crossfire: Trustees embroiled in divorce proceedings
Robert Ham, Wilberforce, UK 
Alan Boyle, Serle Court, UK
Shân Warnock-Smith QC, 5 Stone Buildings, UK

10.15 Q&A 
A candid interview with… Keynote to be confirmed
Elspeth Talbot Rice QC, XXIV Old Buildings, UK

11.00 Coffee break and networking 

11.30 Panel debate
Sergei Pugachev: Unravelling the most important trust case of the year
Toby Graham, Farrer & Co, UK
Hodge Malek QC, 39 Essex Chambers, UK

12.15 Interactive focus groups: 

A) Artificial intelligence 
How do we feel about the use of AI and exploring or adopting it in our practices? Are we for or against? 
In light of predictive coding, what makes sense to draw hostile disclosure?
How else is AI being used and applied now in wealth management? 
How will AI be applied in future? And, how near or far is that future?

B) Cybercrime and confidentiality 
Keith Oliver, Head of International, Peters & Peters, UK

C) New trust jurisdictions in the 21st century
Stanley A. Barg, Kozusko Harris Duncan, USA
Alessandro Bavilla,  Maisto e Associati, Italy 

D) The 21st century family
Surrogacy and parental orders
Advising a guardian ad litem – the potential perils and pitfalls and how to avoid them
Rights over DNA during lifetime and after death  
Mark Harper, Hughes Fowler Carruthers, UK
Joshua Rubenstein, Katten Muchin Rosenman, NY, USA
Morven McMillan, Maples and Calder, Cayman Islands

13.20 Lunch

15.00 Leisure activities
The Forum is not just about the content you receive in the formal sessions, but the crucial piece of information that you pick up whilst enjoying one of a range of leisure activities. 

19.30 Champagne reception

20.00 Gala dinner 

Day Three: Tuesday 6th March 2018

08.00 Early bird masterclass
M&A, trusts and the consequent pitfalls
We have seen a huge number of mergers and acquisitions amongst trust companies, but what are the potential pitfalls from a litigation perspective, including confidentiality issues and risk? 
Stella Mitchell-Voisin, Summit Trust, Switzerland 
Jonathan Arr, Macfarlanes, UK

09.15 Chairs’ opening comments
Dakis Hagen QC, Serle Court
Nicholas Holland, McDermott Will & Emery

09.30 Opening panel
Meritus Trust Company v Butterfield Trust: Battle of the trusts across several jurisdictions
Using the recent decision in Meritus Trust Company Limited v. Butterfield Trust (Bermuda) Limited, panelists from several jurisdictions discuss the contentious outcome: a former trustee has no general right of retention as against a new trustee, but only a non-possessory equitable lien.
Fozeia Rana-Fahy, MJM Barristers & Attorneys, Bermuda 
Nicholas le Poidevin QC, New Square, UK

10.15 Interactive Focus Groups 

A) Exoneration clauses: To what extent do they provide a cast iron shield for trustees?

B) Developments in the law of estoppel: Sword and shield
Craig Shuttleworth, Jones Day, UK

C) Investment negligence proceedings in a trust context
Graeme Kleiner, Charles Russell Speechlys, UK 
Andrew de la Rosa, ICT Chambers, Cayman Islands & UK 

D) Personal protection planning
Identifying the powers of the Court of Protection and the different strategies that can be deployed to safeguard HNW clients where capacity is in issue. 

11.15 Networking break and coffee 

11.45 Interactive panel 
My jurisdiction is better than yours
Each panelist has 3 minutes against the clock to say why their jurisdiction is better in each of the following areas:
1. Disclosure to beneficiaries
2. Rectifying mistakes made by trustees
3. Firewall 
The audience can then vote on which trust law is best. 
Rachael Reynolds, Ogier, Cayman Islands
Keith Robinson, Carey Olsen, Bermuda
John Rimmer, Advocate John Rimmer, Isle of Man
Johannes Gasser, Gasser Partner, Lichtenstein
Aurélie Conrad Hari, Bär & Karrer, Switzerland

12.15 Closing panel
Litigation showcase: Where were we? Where are we now? Where are we going?
This ultimate session seeks to provide a snapshot summary of emerging concepts and juicy new cases from the past year which have featured in trust litigation. Each update is limited to a succinct summary, to maximise time for information overload. 
Andrea Zavos, Boodle Hatfield, UK
y Poulton, Baker McKenzie, UK
Jonathan Edward Wheeler, Morrison Foerster, UK 

13.00 Chairs’ closing comments 
Where are we now? What have we learnt? Coming back to core topics – snap shot approaches

13.15 Lunch
Join us for a light lunch before the transfer back to the airport. 

14.00 Transfer to airport

Please note programme is subject to change.

Delegate Bookings
To reserve your place at Legal Week Trust and Estates Litigation Forum 2018 BOOK ONLINE, call Peter Doolan on tel. +44 (0)20 3868 7555 or send an email to legalweekconference@alm.com