Trust and Estate Litigation

Trust and Estate Litigation

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When it comes to estates and trusts, disputes are rarely planned for, but they frequently arise. In fact, they happen far too often. If friction occurs, Dentons can help. Although we often strive to solve problems through discussion, mediation or other forms of alternate dispute resolution, there are times when a corporate or individual fiduciary, family member or other beneficiary, or claimed beneficiary, needs an experienced litigator on their side. Dentons will properly and forcefully present your position—in a courtroom, before an administrative tribunal or to a corporate fiduciary’s board.

As your counsel and advocate, Dentons has the experience to take on any dispute that may arise and either amicably resolve it or, if that’s impossible, achieve the desired result in court. Perhaps there is a challenge to the will on grounds that it was not properly executed or lack of testamentary capacity. Or a dispute over the administration of an estate or trust, with claims that the executors or personal representatives of the estate are not doing their job. Perhaps there’s a belief that the trustees are not fulfilling their responsibilities or, conversely, the fiduciary, whether a bank, trust company or individual, claims it is being unfairly attacked.

Working with members of Dentons’ Litigation group as needed, Dentons’ Trusts, Estates and Wealth Preservation Group handles these and other types of disputes, and we can guide you through the litigation maze to resolve your issues in a timely manner.

Particularly in the estates and trusts area, Dentons always pursues alternative routes to conflict resolution before resorting to litigation, But when the “nuclear option” is unavoidable, it is important to choose experienced litigators and, if needed, a global firm that can also provide guidance with respect to assets in any jurisdiction, and courts in any locale.

Recognition

Dentons recognized by Best Lawyers in America in 200 categories

August 15, 2017

Dentons, the world's largest law firm, has been recognized by The Best Lawyers in America in 200 categories in the 2018 edition of the highly regarded publication. The ranking highlights 138 individual lawyers from Dentons, including nine who have been recognized for more than 25 years, 51 who have been listed for 10 years and 12 who were included for the first time.

Insights

The importance of ascertaining the Claimant’s and the Respondent’s respective legal standing - Chye Hwa Luan & 2 Ors v Do Allyn T [2023] SGHCR 10

August 8, 2023

Singapore: In Chye Hwa Luan & 2 Ors v Do Allyn T [2023] SGHCR 10, the Singapore High Court held that a claimant must not only establish its own legal capacity to commence an action, but the claimant must also ensure that the defendant it chooses to sue has the necessary legal capacity to defend the action. A failure to do so would subject the case liable to be struck out or thrown out of court. We will briefly unpack the Chye Hwa Luan decision in this article and conclude with some learning points for all litigants, particularly in the law of succession, moving forward.

Anonymity in administration actions

June 16, 2023

Singapore: The law of confidence and the law of trust are often complementary: most settlors (especially wealthy patriarchs or matriarchs) who set up living or will trusts to provide for their future generations may want to keep the terms of the trust confidential so that the extent of their wealth, the identities of the people that they wish to benefit, and the manner (and possible differences in treatment as to) how they intend to benefit each beneficiary are kept secret. That confidence may be compromised if litigation regarding the trust arises. In this article, we will consider how trustees can continue to protect the secrecy of the trusts in administration actions by anonymity orders.

Revisiting the law of gifts – is an intention to give enough? If not, what else must the donor do?

February 14, 2023

Singapore: A donor intends to make a cash gift to a family member but fails to follow through with the processes required at law. Should the Court give effect to the donor’s intention? In this article, we will unpack the WDS Decision, which serves as a timely reminder that an intention to give is clearly not enough; the donor must have at least done everything in her power to effect the gift. In the case of a cash gift intended to come from a bank account, the donor must have at least signed the bank transfer form and passed the bank transfer form to the bank or the donee.

News and Events

Recent Press Releases

Cullen set to advance Dentons’ growth strategy as newly appointed Managing Partner in the British Virgin Islands

August 31, 2021

Caribbean: Global law firm Dentons is delighted to announce the appointment of Stuart Cullen as Managing Partner and Head of Dispute Resolution - British Virgin Islands. Working with Stuart Bruce, lead Corporate Partner, he will institute and lead multiple phases of the firm’s robust plans to expand its full-service offering from its Tortola-based office. He will also form and strengthen strategic partnerships in the BVI and abroad.