2022 Trust & Estate Controversy Forum - McDermott Will & Emery

2022 Trust & Estate Controversy Forum


Our interactive two-day webinar focused on the multifaceted issues impacting fiduciaries and beneficiaries, highlighted hot topics in the administration of trusts and estates, and discussed how to effectively manage controversies when they arise—whether in or out of the courtroom.

Wednesday, September 21

2021-2022 Trust & Estate Controversy: Recent Developments
Trusts and estates law is constantly evolving through ongoing litigation across the country. This presentation will identify significant cases, including decisions relating to the attorney-client privilege for fiduciaries and the enforcement of arbitration clauses in trust agreements. The presentation will also discuss how these recent cases fit with trends seen in related cases from other jurisdictions.

Trusts & Impact / ESG Investing: Considerations, Strategies, Risks & Rewards
Our diverse panel of investment professional, private client and structured finance lawyers will set out how environmental, social and corporate governance (ESG) and impact investing fit with a trustee’s power of investment, the current investment environment for ESG and impact investing, and how to best implement these strategies in ways that will keep trustees out of trouble.

Targeting the Wealthy: Investigative Reporting & IRS Enforcement
Since June 2021, ProPublica has rolled out a series of articles entitled, “The Secret IRS Files: Inside the Tax Records of the .001%.” Over the same period of time, the Internal Revenue Service (IRS) cranked up tax enforcement with its high wealth initiative. This panel will describe the tell-tale signs that a wealthy individual or family is being targeted by investigative journalists or specialized audit teams, the challenges in responding, and the difficulty of preserving taxpayer privacy in this environment.

They’re Coming for You
Third parties unrelated to particular trusts are increasingly bringing claims and otherwise seeking to attach or recover from trusts and obtain trust assets, typically pursuing creditor claims involving grantors, trustees or beneficiaries. We will examine the circumstances giving rise to such claims, as well as the practical and legal steps one can take to protect trusts and their beneficiaries.

Thursday, September 22

Exposure: Offshore Leaks, Onshore Registers & Client Confidentiality
In this session we will explore the impact of data leaks, such as the Pandora, Panama and Paradise Papers, on High Net Worth families, and the likely further impact of beneficial ownership registers of trusts, companies and property on client confidentiality. In the era of transparency, can confidentiality survive? Our panel will discuss these questions from both onshore and offshore perspectives and offer some practical suggestions for clients and advisers.

Sanctions & the Trustee: What You Don’t Know Can Hurt You
Our panel of leading sanctions, private client and trust professionals will discuss the sanctions arising from Russia’s invasion of the Ukraine, how the said sanctions impact trustees (often in surprising ways), and how trustees can best navigate the sanctions.

Three’s a Crowd: Trustees in Divorce Proceedings
In the United States, approximately 50% of all marriages end in divorce. Considering the prevalence of divorce (and trust-based estate planning), many trustees will confront the unique issues that arise when a trust settlor or trust beneficiary divorces his or her spouse. This panel will identify these issues and discuss strategies for addressing them.

Protecting Your Digital Wealth in Crypto’s Uncertain Legal Framework
Crypto assets are becoming mainstream and need to be considered in many areas of law. However, applicable regulatory frameworks are still nascent and rapidly evolving. Traditional investor protections may not be present, creating challenges for private client advisors, trustees and investors. In this session, we will discuss new regulatory developments globally, key challenges and best practices for addressing this rapidly growing and changing field.


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