“New Square Chambers is an excellent set of chambers and go-to set for contentious trusts and estates work. Both senior and junior counsel are responsive, hardworking and thorough in their preparation.”Legal 500, 2024
New Square Chambers is renowned for industry leading work in the field of contentious and non-contentious private client practice. Specialist Leading and Junior Counsel regularly advise upon and appear in cases spanning ever more diverse contexts in the fields of trusts and probate and with an increasing focus on international private wealth.
Our barristers have developed a strong reputation across all levels of call for offering experienced, responsive and exceptionally user-friendly chancery counsel. Members are well known for their work both at home and overseas in a range of offshore jurisdictions. We have been instructed in some of the highest profile cases of recent times, including Marley v Rawling sand Roberts v Gill in the Supreme Court, Guest v Guest, Price v Saundry, Stark v Walker, Bradbury v Taylor, the Alhamrani litigation in Jersey and BVI, the Tchenguiz litigation in Guernsey and the Berezovsky estate case in England.
New Square is also able to offer Counsel versed in associated practice areas such as charities, court of protection practice and family financial remedies to provide a comprehensive client service.
New Square Chambers is a full-service Chancery set with members practicing across the modern and traditional chancery spectrums. As such Chambers is uniquely positioned provide members and teams to tackle complex and novel disputes where trusts and estates intersect with insolvency, civil fraud, company and commercial litigation and property law. The recent Court of Appeal success in Brake v Chedington Estates where trusts, insolvency and real property collided and the high-profile liquidation of the trust service provider Montpelier in the Isle of Man are but a few examples.
Chambers is home to numerous leading practitioners’ works in the private client field, including:
Our team regularly contribute articles to leading journals, including Trusts Quarterly Review and Trusts & Trustees and speak at conferences worldwide providing insight and expertise recognised across the industry.
We have remained at the vanguard of modern trust litigation as it has evolved in England and offshore. Our recent contentious trusts work has included; the Alhamrani litigation in Jersey and the BVI, Investec v Glenalla in Guernsey concerning the Tchenguiz family trusts and the collapse of Kaupthing Bank, and Re A Trust, involving a Bermudian trust of $1bn and the effect of trust exclusive jurisdiction clauses.
In the post-Prest v Petrodel environment we are also used to acting in high-value matrimonial finance cases involving complex trusts, foundations and other opaque offshore structures.
We draft and advise on trusts of all kinds, including charitable, governmental, employment and commercial trusts governed by English law or the law of offshore jurisdictions. Our knowledge of UK tax includes the fiscal consequences of complex trust arrangements at home and offshore, inheritance tax and issues of residence and domicile. We are also used to working closely with our clients’ tax advisers and specialist revenue counsel.
Members expertise includes:
Our recent and important cases in the trusts field include:
Our contentious and non-contentious wills and probate experience includes all aspects of estate disputes and management. Members regularly advise upon and appear as trial counsel in cases concerning:
Members expertise includes:
Specialist estates practice demands robust knowledge of wider areas of the law. New Square is able to offer expertise in the associated fields of tax practice, family law, the operation of charities and the court of protection to provide clear advice on complex disputes.
Our recent and important cases in the field of probate and estates include:
Much of our private client work is conducted offshore or has a substantial offshore or international element. We have particular experience as advisors and advocates in cases involving the laws of Anguilla, the Bahamas, Bermuda, BVI, Cayman, Gibraltar, Guernsey, Jersey, Hong Kong, Singapore and the Isle of Man. In these cases we work closely with our colleagues in international legal teams and have developed strong relationships with leading firms in many jurisdictions. Chambers regularly provides leading and junior counsel both independently and as part of wider Counsel, advocate teams to assist in large scale offshore litigation.
Chambers has an enviable reputation in charities work in the context of trusts and estates. Members act for leading charities in succession cases involving issues as diverse as Schemes, contested probate, family provision, and the construction of Wills. In respect of charitable trusts, Chambers’ expertise ranges from establishment, registration, trustee duties and regulation, to the full spectrum of Court applications. A number of cases have involved detailed historical analysis in relation to ancient trusts, where substantial property and financial interests depend on the construction of original documents – and subsequent conduct requires regularising. Members conduct off-shore work with a charity context.
“New Square Chambers is one of the top chambers for contentious trusts and probate work. It has a fantastic mix of barristers at all levels.”Legal 500, 2023