New Square Chambers

Trusts and Estates

Trusts - Advisory
We deal extensively with the drafting of and advice on trusts of all kinds: not only traditional family trusts but also charitable, governmental and commercial trusts. Pension trusts too are increasingly important. Trustees’ powers, the variation of trusts, breaches of trust and breaches of other fiduciary duties are all part of our work, as are the tax consequences of any actual or proposed step in the administration of a trust. The editors of Lewin on Trusts (18th Ed, 2008) are all members of chambers.

Trusts - Litigation
We have played an active role in the upsurge of trust litigation in recent years. Members have extensive experience in both attacking and defending trusts and trustees. The litigation has concerned not only express trusts, but also constructive and remedial trusts. Many trusts are based offshore and we have developed expertise in dealing with litigation in the territories where they are habitually domiciled and with cross-border trust litigation.

Trusts - Taxation
In respect of both domestic and offshore trusts, whether private or commercial, we have a specialist expertise in tax. This has developed over many years as a natural adjunct to advice on the creation and administration of trusts situated in the United Kingdom and overseas. It is often only with a true understanding of trust law that the tax consequences of a particular transaction or course of action can be understood or anticipated. Our “Tax” website heading further elaborates on this expertise.

Wills and Estates

We are familiar with all aspects of probate, both contentious and non-contentious. Our litigation experience includes cases of testamentary incapacity with medical and psychiatric evidence and we have dealt with forgery, undue influence and want of knowledge and approval. We are well versed in helping personal representatives with the numerous problems encountered in the administration of an estate — will construction, correctly identifying beneficiaries, insolvency, Lloyd’s liabilities, partnership liabilities and countless others — and we are also used to assisting beneficiaries where administration has stagnated or the position of the personal representative has been abused. Claims under the Inheritance (Provision for Family and Dependants) Act 1975 often bring us before judges of the Family and Chancery Divisions.

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New Square Chambers

12 New Square, Lincoln's Inn, London, WC2A 3SW

T +44 (0) 20 7419 8000