Numerous leading trust companies rely on Carey Olsen for advice in relation to the structuring and restructuring of Guernsey-based trusts, with the firm’s dispute resolution team lending support in contentious matters. Team lead Russell Clark‘s primary focus is the establishment of complex trusts, with additional expertise in family governance and estate planning. Natasha Kapp is noted for her understanding of foundations and other philanthropic structures, while Konrad Friedlaender continues to advise on matters ranging from trust disputes to the design of pension and share schemes. Patricia Montgomery is an expert in fiduciary duties, advising on the creation of offshore trusts and advising professional trustees of their obligations.
Private client, trusts and tax in Guernsey
Carey Olsen
Responsables de la pratique:
Russell Clark
Autres avocats clés:
Natasha Kapp; Konrad Friedlaender; Patricia Montgomery; Laila Arstall
Les références
‘The team is consistently proactive in all matters, ensuring that their clients are kept up to date. Their knowledge and experience are extensive, which helps to provide the best service.’
‘The team has been available at a moment’s notice to work through matters or deal with queries, which provides comfort and support to their clients.’
‘Carey Olsen is our go-to Guernsey law firm. The strength and depth of the team are unparalleled in Guernsey, and they are approachable and commercial. I would have no hesitation in recommending them, and do.’
Principaux dossiers
Mourant
Mourant is equally adept at handling the structuring of trusts and other asset protection vehicles, as it is overseeing multi-jurisdictional trust disputes where issues have arisen between trustees and beneficiaries, or the actions of trustees are called into question. Gilly Kennedy-Smith heads the group, advising both trust companies and HNWIs on succession planning issues, and is particularly adept assisting clients with tax structuring. Christopher Edwards represents fiduciaries in relation to money laundering and regulatory proceedings, while Jeremy Wessels acts for HNWIs seeking to challenge trustees or fellow beneficiaries, in addition to insolvency matters and actions to remove trustees. Alexander Hawkins assists clients looking to set up offshore trusts and advises trustees on their obligations in Guernsey.
Responsables de la pratique:
Gilly Kennedy-Smith
Autres avocats clés:
Christopher Edwards; Jeremy Wessels; Tony Pursall; Sandra Duerden; Alexander Hawkins; William Ostick
Les références
‘Alexander Hawkins has excellent technical capabilities, alongside being approachable and able to explain complex matters in layman’s terms to his clients. Alexander will certainly continue to be my go-to lawyer, especially for contentious private client matters.’
‘Gilly Kennedy-Smith, who has recently qualified as an advocate, is highly experienced in offshore and onshore matters and able to spot onshore tax issues when they might float into view.’
‘Clear, helpful and timely support.’
Principaux clients
ITG Limited & Bayeux Limited
The Salim Habib Education Foundation
Principaux dossiers
- Acted for Investec as former trustees of the Tchenguiz Discretionary Trust in relation to a long-running trust dispute.
- Advised the Salim Habib Education Foundation in connection with a £168m claim for the transfer of shares in a pharmaceutical company which had been donated to the foundation.
Ogier
Ogier‘s private wealth team stands out for its ability to set up complex, cross-border wealth management structures, dovetailing with the firm’s disputes team when contentious matters arise. Matthew Guthrie heads the Guernsey team, acting for UK, US and Middle Eastern-based HNWIs and their families in relation to the structuring of their trusts and succession planning. Gavin Ferguson acts for trustees and charities on the full spectrum of trust and foundation law. Catherine Moore‘s practice covers non- and semi-contentious trust matters, including inter-beneficiary disputes, while Chris Hards‘ wheelhouse includes trust, foundation and will and estate planning law matters. Sophie Denman is well versed in the structuring and operation of multi-jurisdictional trusts, including those holding digital assets.
Responsables de la pratique:
Matt Guthrie
Autres avocats clés:
Gavin Ferguson; Catherine Moore; Chris Hards; Sophie Denman
Les références
‘Outstanding, cohesive team that works well under pressure to deliver on the tightest timescales on the most complex of cases. No query is too big or small, and you feel like you are valued as a client.’
‘Considered, strategic advice given that is easily digestible. A real benefit that they have.’
‘Catherine Moore and Matt Guthrie – excellent. Ogier is a first class law firm for high-net-worth and ultra-high net worth individuals and professional services.’
Principaux dossiers
Walkers
Walkers‘ Guernsey-based practitioners work with lawyers across the firm’s network to service multi-jurisdictional trusts, including the initial setup of wealth management structures and subsequent restructuring mandates. ‘Strategic adviser’ Rupert Morris leads the team, acting for a range of trust companies and other fiduciaries in respect of trust structuring, while also frequently appearing before the courts in contentious trust hearings. ‘Walking encyclopedia’ David Cooney is called upon by HNWIs to assist with the setup of complex multi-jurisdictional wealth management structures, with a notable niche in trusts holding digital assets. Aaron Sanders advises clients on court applications regarding breaches of trust and the removal of trustees.
Responsables de la pratique:
Rupert Morris
Autres avocats clés:
David Cooney; Aaron Sanders
Les références
‘Walkers stands out for its professionalism, meticulous attention to detail, and business acumen. Their innovative strategies, inclusive culture, and client-centric approach ensure tailored solutions for long-term financial success.’
‘David Cooney stands out for his exceptional technical expertise and impressive depth of knowledge. His clarity in explaining complex concepts is remarkable, making him a trusted resource for clients. David’s diligence and unwavering commitment to accuracy and reliability make him an invaluable lawyer.’
‘I work with Rupert Morris a lot. He is my go-to Guernsey lawyer on private client and litigation matters. He is very good to work with – friendly and responsive, and he is an outstanding lawyer.’
Principaux dossiers
Collas Crill
Collas Crill is a popular choice for Middle Eastern HNWIs looking to base trusts in Guernsey. The practice is also able to assist with the amending of existing trusts, and bringing cases against trustees where there are allegations of fraud and breach of trust. Angela Calnan leads the group, specialising in the structuring of Sharia-compliant trusts, and is also well-versed in the use of trusts structures for pension and gratuity schemes. Joanne Seal heads the firm’s wills and estate service line, advising on succession planning, guardianships and power of attorney, while Cerisse Fisher works alongside the firm’s disputes team on semi-contentious trust proceedings.
Responsables de la pratique:
Angela Calnan
Autres avocats clés:
Joanne Seal; Cerisse Fisher
Les références
‘Angela Calnan is excellent and has strong knowledge/experience of Middle East matters.’
‘Angela Calnan is knowledgeable and a delight to deal with.’
‘Extremely thoughtful, considered approach, very much with client objectives at the forefront. Very collaborative.’
Principaux clients
IQ EQ
Artemis Trustees
Vistra TrusteesHighvern Trustees
Oak Trust (Guernsey) Limited
Albany Trustee Company Limited
Laytons LLP
Cazenove Capital
Charles Russell Speechlys
Macfarlane
Forsters
Stenham Trustees Limited
Grayson Clements Ltd
Intertrust Trustees (Guernsey) Limited
Burges Salmon
Wedlake Bell
Principaux dossiers
- Advised an elderly settlor in relation to a complex de-enveloping of two very significant family trust structures worth over £100m, amid concerns of loss of capacity and undue influence by a protector.
- Advised a local trustee in relation to the complex restructuring of two Guernsey trusts holding a substantial portfolio of UK real estate for a prominent Middle Eastern family.
- Prepared a sharia-compliant family trust for a famous musician with a highly bespoke family constitution.
AFR Advocates
AFR Advocates handles both contentious and non-contentious trust matters, with a broad range of expertise which includes proceedings to remove trustees, and assisting with the structuring and variation of trusts based in Guernsey. Paul Richardson has extensive experience of trust litigation, heading the team alongside tax specialist Mark Ferbrache, who also handles commercial disputes.
Responsables de la pratique:
Paul Richardson; Mark Ferbrache
Autres avocats clés:
Tim Richards
Appleby
The ‘problem solvers’ at Appleby are able to handle instructions coming out of complex wills and the drafting of trust instruments, working with the firm’s offices around the world to advise HNW families from a range of jurisdictions, including Asia, Europe and the Middle East. The practice is led by Stuart Tyler and Jeremy Berchem, both of whom utilise their transactional expertise to oversee deals pertaining to trust assets. The ‘diligent’ Paula Fry covers both trust disputes, including contentious trust restructuring mandates and efforts to remove trustees, and non-contentious matters including the establishment of trust and drafting of wills.
Responsables de la pratique:
Stuart Tyler; Jeremy Berchem
Autres avocats clés:
Paula Fry
Les références
‘Good, prompt responses to queries.’
‘Paula Fry gives excellent service.’
‘Quick to respond to our requirements, proactive, problem solvers.’
Principaux clients
BOW Trustees
Butterfield Group
HSBC Group
Oak Group
Pensioneer Trustee Company (Guernsey) Limited
PraxisIFM Group
PTC Holdings Limited
Trireme Pension Services (Guernsey) Limited
Principaux dossiers
- Advised the executor of a significant estate in circumstances where a will was poorly drafted, leading to various issues.
- Assisted the trustees of a significant trust which holds shares in a mining group in South Africa with matters of trust and corporate law.
- Advised the trustees of a commercial unit trust on banking and finance, corporate and trust issues, including the technical insolvency of the trust.
Bedell Cristin
Bedell Cristin acts for trust companies, family offices and HNWIs in relation to the structuring of wealth across a range of jurisdictions, while utilising the firm’s litigation team to tackle contentious trust matters. The ‘exceptionally talented’ Elena Gogh leads the practice, making use of her experience working at family offices to advise clients on the bespoke structuring of such vehicles and also trusts and foundations. Alasdair Davidson, who heads the firm’s litigation practice, is the key contact for trust disputes.
Responsables de la pratique:
Alasdair Davidson; Elena Gogh
Les références
‘I instruct Elena Gogh because she is one of the very few exceptionally good private trusts lawyers in the jurisdiction.’
‘Elena Gogh is exceptionally talented and her experience is second to none. She is thorough and meticulously detailed in her work, and a genuine pleasure to work with. Her knowledge of complex trust structures and ability to apply the law in a practical, problem-solving manner is a joy to see.’
‘Alasdair Davidson is a stand-out lawyer, knowledgeable, practical and versatile.’