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Ben Havard

Ben Havard (TEP)

Partner | Guernsey

  • He is calm, collected and has good attention to detail.
    Chambers & Partners

Overview

Ben is a Guernsey Advocate, and Partner of Collas Crill's Dispute Resolution team.

His practice is focussed on contentious and semi-contentious trust work, advising both trustees and beneficiaries and appearing in the Royal Court in Guernsey on those matters.

He has a particular interest in the issues around the succession to wealth by the next generation.

Experience

  • Acting for the beneficiary of a trust in a proposed restructuring of an UHNW family's wealth following a dispute with their trustee. Planning for the splintering-off of our client's interests, and negotiating the necessary protections.
  • Acting for the corporate trustee of a discretionary trust settled for the benefit of the Settlor's children. The Settlor was domiciled in a jurisdiction in which Sharia law would have applied on succession. The trust imported aspects of Sharia law, while also providing for the settlor's daughters. A family dispute resulted in various challenges relating to the trust.
  • Acting for the corporate trustee of a trust during the course of a significant family dispute. The aim was to divide the assets of the trust against a lack of any agreement between the beneficiaries as to how that should be done.
  • Acting for two beneficiaries of a Guernsey trust in an application seeking disclosure of information from the trustees (who were family members) – Patel v Patel (Judgment 36/2016)
"I enjoy getting to the bottom of difficult commercial issues and looking beyond the legal analysis to help clients find the best way forward for them."

Background

Ben read Psychology at undergraduate level at the University of Sheffield, specialising in workplace psychology, and subsequently undertook an MSc in Human Resource Management.

As a first career, Ben worked at a large public sector organisation in the UK, planning and managing significant projects of change and restructuring. This drew on both his academic studies, but also required coordinating legal input, and engaging in negotiation with trade union representatives.

In 2007 Ben made the change to law, studying in Manchester, and receiving the Law Society Bursary for his LPC studies.

Ben joined Collas Crill in 2009, qualifying as an English solicitor in 2011 after a secondment to Olswang LLP, and as a Guernsey Advocate in 2015. He was made a partner of the firm on 1 January 2019.

Awards

  • Ranked in Band 3 by Chambers and Partners UK
  • Listed as a Next Generation Partner in Legal 500
  • Features in the Global Elite Directory, which is a list of the world's most respected lawyers advising UHNW clients as nominated by peers within the private wealth industry.
  • Winner of lawyer of the year in category at the Citywealth Future Leaders Awards (2018), also featuring on the Citywealth Leaderslist.

Memberships

  • STEP - full qualification as Trust and Estates Practitioner (TEP)
  • CIPD
  • Chancery Bar
  • ACTAPS
  • ConTra
  • IOD

My services
Contentious Trusts
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We represent trust corporations, HNWIs, individual trustees and beneficiaries, often dealing with novel points of law and creating new and innovative solutions to fit the needs of our clients. Given the international scope of settlors, investments and assets, we often co-ordinate advice from our multi-jurisdictional teams, meaning that our clients benefit from the knowledge and depth of experience of our people around the globe.

Dispute Resolution
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When your business is involved in any kind of legal dispute it's crucial to work with lawyers who are hands-on, cost-effective and flexible enough to respond quickly and intuitively to your unique situation and needs. We know that there are many different ways a dispute can be resolved and work closely with our clients to understand every aspect of their business, priorities and goals. This allows us to find the best way forward for our clients and to advise on the commercial implications of a dispute, ensuring the process remains as stress-free as possible. Our approach is practical, responsive and tailored to the client's interests. Our expertise and reputation means we're first choice for a range of clients, including banks, trust companies, high net worth individuals and top law firms.

Employment, Pensions & Immigration
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We understand that the effective and efficient management of employment matters is not only an important risk management tool, but can add value to your business in the long term. We also understand that today's employment environment is more litigious than ever and not all issues can be mitigated or resolved. The stakes are often the highest in these cases, which is why our approach is to resolve conflicts in the most practical and sensitive manner – and always with the client's needs at the forefront.

Private Client
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As global legislation, regulation and taxation constantly change and become more complex, it has never been more important to make long-term plans to secure your future, the future of your family or your business. We cut through the legal jargon to provide clear, practical advice when you most need it and anticipate the challenges you are likely to face so that you can rest assured you and your family are in safe hands at every step of the way.

News 29 Jan 2021

Private Client Global Elite

Five private client specialists from Collas Crill have been included in the Private Client Global Elite Directory 2020/21. Compiled in conjunction with Legal Week, the...

Insight 19 Jun 2020

Trustees' disclosure obligations

All trustees will have had some experience of dealing with requests for trust information from beneficiaries. While more often than not these will be routine in nature, they...

News 13 Sep 2019

Private Client Global Elite

Five private client specialists from Collas Crill have been included in the Private Client Global Elite Directory 2019. Compiled by Legal Week and The American Lawyer, the...

News 17 Jul 2019

Guernsey's new discrimination law

The States of Guernsey has unveiled details of its proposals to introduce multi-ground discrimination legislation. It launched a consultation on 9 July 2019 seeking feedback...

News 24 Jun 2019

STEP Private Client Awards

Collas Crill has been shortlisted for Contentious Trusts & Estates Team of the Year (midsize firm) at the 2019/20 STEP Private Client Awards. The STEP Private Client...

Insight 29 May 2019

Case Update

A recent Royal Court decision has considered when beneficiaries of a discretionary trust are able to require the trustee to terminate the trust and distribute the trust...

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Guide

Crisis Management – the Unwanted Email

There are several 'crisis' scenarios in which a regulated financial services institution might be required to disclose documents they hold. Three of the most significant...

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Event 26 Aug 2021

ConTrA Private Client Summer School

Ben Havard, Partner at Collas Crill Guernsey, will be speaking at the TL4 and ConTrA Private Client Summer School: The Ultimate Insider’s Guide. The two day programme held...

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