Preliminary conference programme - Day Two: Friday 2 March 2012

08.40 Chair's welcome
Anthony Poulton, Baker & McKenzie, UK

08.50 Panel discussion: International death, debt and taxes
This session will look at cross-border succession and the administration of estates with an interesting twist: what are the international tax implications and how does one deal with the respective revenue authorities? With reference to recent experiences this session will deal with some of the problems of succession and administration which remain obscure and unresolved, and some of the conflicts that arise between different common law jurisdictions...
Oliver Court, Macfarlanes, UK
Andrew De La Rosa, ICT Chambers, UK and Cayman Islands
Jeff Knebel, Osborne Helman Knebel & Deleery, USA

09.40 Morning coffee

10.20 Workshop: Confidentiality and disclosure - A journey through litigation
Our day two workshop will look at the complex and convoluted journey of information through the lifetime of a cross-jurisdictional dispute. In a changing world of super-injunctions and client expectations, this discussion will identify key concerns when trying to keep client affairs private. Protecting the trust information is paramount but how can you fend off regulators and requests from foreign tax authorities and family courts?
Toby Graham, Farrer & Co, UK
Robert Ham QC, Wilberforce Chambers, UK
Jeremy Wessels, Mourant Ozannes, Channel Islands

11.20 Interactive focus groups

A. Illusory trusts: Trusts ineffective as testamentary dispositions
The recent Bermudian case of BQ v DQ [2010] highlights the clash between the US practice of living wills and the concept of a trust in other jurisdictions. This session will look at revocable trusts declared by a settlor as sole trustee and the extent to which they are vulnerable to being treated as ineffective testamentary dispositions in various jurisdictions including Bermuda, Canada and England.
Frank Hinks QC, Serle Court, UK
Suzanne Marriott, Charles Russell, UK

B. Invalid trusts and trustees: Unwinding the errors of the past
When the past mistakes of trustees, lawyers and protectors are uncovered, the consequences can be severe. A trustee may innocently administer a trust for years without appreciating that past errors in appointments and other fiduciary acts have invalidated the structure or the authority of the trustee to deal with the assets. What if the trust is suddenly said to be ineffective for mistake or the trustee was invalidly appointed or there is a clash of perpetuity periods? With the courts both onshore and offshore apparently adopting different approaches as to whether and how to fix past problems, this is a session for problem solvers.
Nicholas Le Poidevin QC, New Square Chambers, UK
Robert MacRae, Carey Olsen, Channel Islands

C. Wills that won't
Following cases such as RSPCA v Sharp [2010], this session will look at the obvious and not so apparent methods of interpreting wills. With a focus on tax and charities, this session will identify key ways to understand wills.
Manuel Liatowitsch, Schellenberg Wittmer, Switzerland
Penny Reed QC, 5 Stone Buildings, UK

12.35 Lunch

13.35 What makes the perfect litigator? A trustee's view
This highly interactive and fast moving session will use the results of a survey across a wide group of professional trustees to provoke debate about what a trustee is looking for when they engage a litigation lawyer.  This will be an invaluable opportunity for trust litigation lawyers to test their assumptions and preconceptions against data drawn from a group of people who use their services and to debate and challenge the findings of the survey with the presenters and fellow participants.
Joe Donohoe, RBC Wealth Management, Jersey
Julian Washington, RBC Wealth Management, London

15.00 Leisure activities

19.00 Cocktail reception

20.00 Gala dinner