Contentious Trusts
At IMG Trust, we understand that disputes involving trusts can be complex and sensitive, often requiring expert guidance to resolve.
At IMG Trust, we understand that disputes involving trusts can be complex and sensitive, often requiring expert guidance to resolve.
At IMG Trust, we understand that disputes involving trusts can be complex and sensitive, often requiring expert guidance to resolve. Our team specialises in navigating these challenging situations, offering support to beneficiaries, settlors and other stakeholders in contentious matters. As a lawyer-led trust company, with a deep understanding of trust law and a wealth of experience in handling disputes, we work diligently to protect our clients' interests, whether through negotiation, mediation, or litigation.
Our team has extensive experience with contentious litigation that directly or indirectly concerns client trusts. These are broad in their scope but range from challenges to the validity of trusts (challenges made, for example, by tax authorities and/or beneficiaries), challenges to the validity of the transfer of assets into trust and the recovery of assets which have been misappropriated by third parties in breach of trust claims.
We also have significant experience where the divorce of a beneficiary gives rise to claims upon the trust fund and cross-border proceedings in multiple jurisdictions. Peter Goddard was also involved in the Cayman Islands’ landmark Hasting Bass decision which upheld the ability of trustees to seek court orders to reverse negligent actions by a trustee that have far-reaching negative consequences for the trust.
Our expertise is in case management: being lawyers ourselves, we are able to drive litigation and to manage groups of lawyers worldwide to ensure that our client trusts are well represented and receive the justice to which they are entitled.
Peter has particular expertise in complex trusts litigation, asset recovery, turning around distressed/poorly administered trusts, the development and implementation of innovative philanthropic programs and the oversight of significant operating businesses held within trust structures. He specialises in providing personalised trust and administration services for private trust clients worldwide. Peter is a former barrister with extensive experience in the international trust sector, including private and commercial trusts and corporate management and 30 years in the private client industry. He has spent his career working cooperatively and building partnerships with high-net-worth individuals, their families and their advisors and strives to deliver the highest levels of service and responsiveness.
Prior to establishing IMG, Peter was head of private client services with the Maples Group in the Cayman Islands, an executive director of Forbes Hare Trust Company in the Cayman Islands and a partner in the Private Client Group of McGuireWoods LLP in London. Prior to that, Peter held the position of Managing Director of ATC Trust Group's offices in the British Virgin Islands, the Cayman Islands and Hong Kong, as well as being a shareholder of the group.
IMG was appointed by the Bermudian court as successor trustee of a poorly-administered trust which had suffered at the hands of a director of its former PTC trustee and was beset with litigation that the present PTC trustee was unable to oversee properly. Once appointed, IMG set about recovering trust assets from the former PTC director. The application was made by the settlor’s spouse, a potential beneficiary, because there were concerns as to the validity of the protector’s court appointment which precluded him from exercising his own fiduciary powers of removal and appointment. IMG oversaw legal action which saw the recovery of $28 million in trust assets.
