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Determination of the Distribution of Monies pursuant to a Trust

Elysium Law have successfully acted for Trustees in a significant, complex and protracted Part 8 claim for determination of the distribution of monies pursuant to a trust totalling over £5,000,000.

This claim was very complex as it involved a contested element and as such was a ‘hybrid’ Part 7 and Part 8 claim. This was extremely unusual and required, following an order, evidence submitted under Practice Direction 57AC as well as statements asking for the court’s guidance as to the distribution of the trust fund.

A further complexity to this litigation was that the majority of beneficiaries were overseas and as such the dynamics of this matter and the fiduciary duties of the Trustees needed to be carefully considered at every stage.

The disputed element of the claim settled after a 17 hour mediation involving Hong Kong based clients. Overall, the case was conducted over a 4 year period and the settlement agreements were, following complex submissions, approved by the High Court.

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