News & Analysis as of

Trusts Jurisdiction

Robins Kaplan LLP

Your Place or Mine? How to Navigate Cross-Jurisdictional Fiduciary Litigation

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Reality television fans are familiar with the trappings of the celebrity lifestyle: jet-setting from home to home, enjoying luxury retail, and traveling in private planes and yachts, all while posting it on social media. Even...more

WilmerHale

New Supplemental Swiss Arbitration Rules for Trust, Estate and Foundation Disputes

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The Swiss Arbitration Centre published the Supplemental Swiss Rules for Trust, Estate and Foundation Disputes (“TEF Rules”) on 22 May 2025. They come into effect on 1 July 2025, and apply to trust, estate and foundation...more

Winstead PC

Court Rules On Personal Jurisdiction In A Trust Dispute, Holding That In Rem Jurisdiction Still Requires Personal Contacts With A...

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In Hooten v. Collins, a dispute arose between the trustee of a Texas trust and a beneficiary who resided overseas regarding the distribution of trust assets, which primarily consisted of real estate in Texas. No....more

Winstead PC

Presentation: Fiduciary Litigation Update 2023-2024

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At the Texas Bankers Association Annual Convention on April 24, 2025, David F. Johnson presented his paper “Fiduciary Litigation Update 2023-2024.” David addressed key topics, including the right to a jury trial in trust...more

Walkers

The future of family offices: Evolving needs, enduring structures

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Across the globe, second and third generations are inheriting significant wealth and with it, the opportunity to professionalise how their family manages, governs and grows that wealth. Many are establishing dynamic,...more

Walkers

Hostile parties, prospective costs orders and confidentiality: The Cayman Islands Courts’ approach to trust proceedings

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For the purposes of determining the incidence of costs under Buckton, the fact that the relief sought is strenuously opposed by a party and comments are traded that some might perceive as "hostile" does not mean that a...more

Walkers

Jurisdiction Shall we make this exclusive?

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Jurisdiction clauses in trust deeds are critical in determining the forum for resolving disputes. These clauses can be either exclusive, conferring jurisdiction to a specific court, or non-exclusive, allowing for flexibility...more

Carey Olsen

Cayman Islands: in pursuit of robust and efficient justice

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The Cayman Islands offers many advantages to global families: the structures available are modern and flexible; the jurisdiction's legislation is continually updated in line with the market and evolving international rules;...more

Ervin Cohen & Jessup LLP

The Ultra Vires Exception to the Barton Doctrine is Very Narrow

Q: I am a state court receiver in a case that has been disrupted by a bankruptcy filing. The bankruptcy trustee has been threatening to sue me, in the bankruptcy court, for what she claims were negligent actions and to...more

Offit Kurman

Two Wills That Revoke Each Other

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Welcome to Lost in Translation: Blunders in International Estate Planning; in this blog series, I will delve into the rarified world of international estate planning, shedding light on possible pitfalls and slip-ups. Blunder...more

Awatif Mohammad Shoqi Advocates & Legal...

Registration Of Wills By Expats

With certain Emirates in the UAE allowing property ownership for expats in the region, an increasing number of individuals are now buying properties and investing in other assets in the UAE. Consequently, it has become...more

Walkers

Employee Benefit Trusts – advantages of structuring in Guernsey and Jersey

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Employers are increasingly aware of the essential role top-performing employees play in the success of their business. With a globalised workforce and competitive job market, companies that do not focus on employee retention...more

Walkers

Case insight: Recoverability of English lawyers' costs in hostile Guernsey proceedings

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BX v T Limited and AX and JX and CX and OX and PX and QX [2024]GRC066 (27 September 2024) - In a recent supplementary judgment on costs, Lieutenant Bailiff of the Royal Court of Guernsey, Hazel Marshall KC (the "Judge"),...more

Winstead PC

Texas Supreme Court Reverses Order In Trust Dispute Granting A Constructive Trust

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In In re Trust A & Trust C, a beneficiary sued a trustee for breach of fiduciary duty and sought a constructive trust over assets that were transferred out of the trust. 690 S.W.3d 80 (Tex. 2024)....more

Winstead PC

Court Granted Motion To Abate A Suit To Remove A Trustee In District Court Because A First Filed Suit In A County Court At Law Had...

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In In re Kelly, a former executor and the trustee of a testamentary trust initiated a probate proceeding in a county court at law. No. 11-24-00066-CV, 2024 Tex. App. LEXIS 3735 (Tex. App.—Eastland May 30, 2024, original...more

Cadwalader, Wickersham & Taft LLP

In the UCC We Trust May 2024 - It Looks Like We Have Trust Issues

One of the most important aspects in arranging any fund finance transaction is structuring the security package. As anyone that has ever looked at a complete structure chart for a fund financing transaction knows, even a...more

Pillsbury Winthrop Shaw Pittman LLP

U.S.-Based Statutory Foundations: the Best of a Trust and a Non-Trust?

A trust structure, commonly used for estate planning, can be problematic in certain civil law jurisdictions, such as those in many European countries. Recent acts enacted in Wyoming and New Hampshire allow for the...more

Conyers

Family Wealth Management with Bermuda Trusts

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Bermuda is a popular and highly regarded jurisdiction for managing the offshore family assets of wealthy, international families due to several favourable characteristics. As a high-quality international financial centre,...more

ArentFox Schiff

Minority Business Owners and Trust Beneficiaries May Be Able to Obtain Otherwise Privileged Documents

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In certain circumstances, shareholders of corporations and members of limited liability companies can obtain confidential communications between corporate management and the company’s attorney that would otherwise be...more

Allen Matkins

The Fact That Plaintiff Does Not Exist Does Not Deprive Court Of Jurisdiction To Allow Curative Amendment

Allen Matkins on

I play the five string banjo, but not well at all.  Steve Martin plays the banjo very well and he also writes songs for the banjo.  One of those songs, Daddy Played The Banjo, ends with these lines...more

Winstead PC

Court Granted Mandamus Relief To Order District Court To Abate Trust Dispute Due To Earlier Filed Suit In Probate Court

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In In re McGowan, a dispute arose regarding whether certain interests in real property were funded into a trust or whether the decedent still had those interests at the time of his death such that they were in his estate. No....more

Walkers

Bermuda Insights: Trends and Opportunities 2022

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As part of our five year anniversary celebrations of our law firm opening in Bermuda, we put together the original version of this summary report highlighting the latest developments and trends in the Bermuda legal and...more

Conyers

The Rise & Rise Of Cayman Foundation Companies

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Cayman Foundation Companies are booming in popularity. Statistics from the Register of Companies have shown a significant uptick in registrations in recent months. 2021 saw 281 per cent year-on-year growth in the...more

Winstead PC

Court Affirmed Order Granting Injunction To Allow Successor Trustees To Manage A Business Owned By A Trust

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In Clark v. Clark, two brothers sued a third brother regarding the third brother’s ability to be trustee of a trust due to a traumatic brain injury. No. 14-19-00604-CV, 2021 Tex. App. LEXIS 9866 (Tex. App.—Houston [14th...more

Conyers

A Practical Guide to Cayman Islands Star Trusts

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STAR Trusts are a form of trust that is exclusive to the Cayman Islands (Cayman), and which have a wide variety of practical applications. The unique features of a STAR Trust provide clients with structuring options that are...more

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