Insights into Trust and Probate Litigation Trends and Developments
Trust and Probate Litigation Team at Stewart’s Law Ranked in Band 1 by Chambers High Net Worth
The Trust and Probate Litigation team at Stewart’s Law has recently been ranked in Band 1 of Chambers High Net Worth’s Private Wealth Disputes category. This prestigious ranking highlights the team’s expertise and success in handling complex trust and estate disputes.
In a new guide surveying current trends and ongoing developments in trust disputes, the team contributed valuable insights into the evolving landscape of trust and probate litigation in England and Wales and overseas jurisdictions.
One key trend that has emerged is the rise in capacity disputes, particularly in the context of trusts. Challenging a will based on the testator’s lack of testamentary capacity is a common tactic, but now we are seeing challenges to decisions made by trustees and power holders as well. As settlors and power holders age, these disputes are expected to become more frequent.
Transparency is also becoming increasingly important in trust and probate cases. While the principle of open justice is fundamental, there is a growing tension between individuals’ expectations of privacy and the need for transparency. Offshore jurisdictions like Bermuda, Jersey, and the Cayman Islands are more willing to anonymize judgments and hear matters in private, highlighting the varying approaches to this issue.
Generational change within wealthy families is creating tension in existing trust structures, leading to an increase in applications for trust restructurings. Courts are seeing more trustees seeking proactive advice to address vulnerabilities in their structures and prevent disputes from arising.
Courts are also focusing on substance over form when it comes to trust disputes, looking beyond the literal scope of trust instruments to consider the practical effect and wider context of the trust industry.
Overall, the Trust and Probate Litigation team at Stewart’s Law is at the forefront of these evolving trends and developments in trust disputes, providing expert guidance and representation to clients facing complex legal challenges in the private wealth sector.
