Thomson Snell & Passmore assists with complicated overseas trusts

Our client was living in a valuable property owned by her employer (‘The Deceased’) and was being paid a reduced salary as she was promised the property upon her employer’s death. The Deceased had substantial wealth including overseas assets. Most of it, including the property our client lived in, were held by various structures under the umbrella of a Lichtenstein Foundation Trust.

The Deceased made arrangements for the property to pass to our client, sending instructions to the Foundation arranging for our client to be added to the group of beneficiaries and receive the property upon his death. However, the Foundation’s Council refused to follow the Deceased’s lifetime instructions and sought to avoid the promise on the grounds that the instruction was a forgery or otherwise product of undue influence.

The Foundation, attempted to evict our client from the property and proceeding were defended in England on the grounds of proprietary estoppel. We issued non-contentious proceedings in Lichtenstein to seek a court amendment of the Foundation’s by-laws so that our client could be added as beneficiary of the structure.

We were ultimately able to negotiate a settlement for our client which would allow her to rehouse herself and compensate for the loss in her earnings during her years’ service to the Deceased.

If you have an issue with a trust dealing with a complicated or unusual matter please do not hesitate to contact our friendly will, trusts and estate dispute lawyers on 01892 510 000.