Libby Oliver

We represent beneficiaries, high-net-worth individuals, trustees, protectors and other power holders in a range of contentious and semi-contentious situations. Our lawyers have been at the forefront of the most complex, high-value private wealth litigation offshore. 

We often deal with novel points of law, creating new and innovative solutions to meet the needs of our clients.

Given the international nature of private wealth, with clients and their assets spread across the world, we work as a joined-up global team so that our clients can benefit from the knowledge and experience wherever they may need it.

With offices in Bermuda, the British Virgin Islands, Cayman Islands, Guernsey and Jersey, our contentious private wealth lawyers combine courtroom skill with discreet client care, advising on jurisdictional strategy, interim relief and complex equitable claims.

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Private trust companies (PTC) and private trustee foundations (PTF) are an ideal solution for clients wanting to divest themselves of ownership while still retaining a level of control. A PTC, or its most recent incarnation, the PTF, is a corporate vehicle which is used by a family in place of a professional trustee so that the family themselves can control the board of the trustee and thereby control the underlying assets.

Changes of trustee documents (DORA or IORAs) usually contain indemnities from the incoming trustee to the outgoing trustee which are often hotly negotiated and can be complex. A change of trustee also presents a good opportunity for the incoming trustee to undertake a due diligence exercise by reviewing the trust documents, ensuring that the previous chain of trusteeship is intact and ensuring that the outgoing trustee ratifies or rectifies any flaws in the trust or the trust documents before the trusteeship is handed over. We have considerable experience in narrowing the issues in these negotiations. We are also well versed in assisting our trustee clients in mitigating risk by spotting (sometimes very significant flaws) in trusts before they are taken on and by ratifying previous discrepancies in a commercial manner – commonly without necessitating the involvement of the court.

In a climate of increased transparency for structures, it is important for trustees to ensure that they have sufficient policies, procedures and processes in place in order to report the correct data to the correct authority at the correct time. This has been particularly challenging for some of our smaller independent trustee clients who do not have a dedicated compliance team.

At Collas Crill, we have established a wide range of charitable structures from local Guernsey limited by guarantee companies to large charitable foundations for some of the world's wealthiest families. Our specialist Middle Eastern team also has experience in advising regional families on the principle of Zakat.

We provide fast, cost-effective and sensitive advice on all types of will-related disputes during what is often an extremely upsetting and distressing time for those concerned. We regularly act on multi-party actions for both plaintiffs and defendants.

Planning for the future is something that people often don't like to think about but it is one of the most important things that you should do during your lifetime. Whether you need simple wills put in place or more complex estate structuring, our experienced and approachable team can help you organise and plan your affairs for the immediate and longer term future.

We work hard to guide you through any issues of concern to ensure that you reach a position where you feel reassured that you are clear as to what will happen to your assets, and those you leave behind, in the future.

Managing wealth, asset preservation, planning for succession and inheritance, and writing wills can be a complex and difficult experience. It's important to ensure that your assets are distributed according to your wishes and that your family and/or successors are taken care of.

There may be alternative ways that you wish to dispose of your estate, for charitable and philanthropic reasons or to look after those who are unable to care for themselves.

Whatever you choose, it is important to seek the right advice to ensure your wishes are preserved. At Collas Crill we have experts in a number of jurisdictions to assist with wills, succession planning, inheritance matters and probate.

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We advise internationally based companies and trustees on the establishment and operation of employee incentive schemes.

We address issues such as the funding and structuring of awards as between sponsoring employer and trustee, treatment of dividend entitlements for share awards and the formulation of the beneficial class of employee benefit trusts (EBTs) having regard to international legal and taxation requirements.

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As the global legal and regulatory landscape becomes ever more complex, managing wealth across generations, succession planning and transferring control of assets has never been more challenging. That's why it's important to work with lawyers who can offer solutions that are tailored to your unique circumstances.

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The role of a modern trustee has never been more complex. Trustees must satisfy the needs and desires of their beneficiaries, manage complex assets and navigate an ever-changing legal and regulatory landscape.

We know that trustees can need assistance and advice on how best to satisfy their duties and to meet their legal and regulatory obligations. We understand and have a great deal of experience in working with trustees to get ahead of any potentially difficult situation and resolve it in a way that minimises risk and conflict.