Brian Green KC

Trusts, probate and estates: contentious

Brian is consistently star rated in the Chambers & Partners and Top Rated in The Legal 500.

Brian advises and appears in cases in all the major areas in this practice area.

Recent leading cases in which Brian has appeared are:

• Byers v Saudi National Bank (UKSC – and previously CA) – acted for respondent bank in seminal case to determine whether retention of a continuing equitable interest in property is a necessary condition for a constructive trust claim in knowing receipt.
• Re X Trusts (Bermuda Court of Appeal – and previously Supreme Court of Bermuda) – acted for the respondent in obtaining confirmation that fiduciary protectors having consent powers have the narrow role of satisfying themselves that the trustees have done their job properly, and not a wide role entitling them to withhold consent if they would have done something differently.

Private trusts work covers the full range of trusts, and estates practice, including:

• UK onshore and offshore trust structures, involving both out of court and in court arrangements including approval applications (including highly contentious ones)
• Variation of Trusts Act applications
• Compromises and settlements
• Construction and rectification proceedings
• Trustee Act and Settled Land Act applications
• Like proceedings in offshore jurisdictions

Commercial trusts work is exceptionally varied. Examples include advising:

• Insurance company managers and custodian trustees on the governance and dispute resolution in the operation of real estate unit trust and related limited partnership structures faced with LTV and other related issues.
• International bondholders concerned to maintain their non-subordinated status under custodian and other trust documents subjected to offshore insolvency proceedings.

Offshore work includes:

• Ongoing advisory work in Bermuda, BVI, Cayman Islands, Guernsey, Jersey, and Hong Kong.
• Appearances in the Hong Kong Court of Final Appeal and Court of Appeal, Bermuda Court of Appeal and Supreme Court of Bermuda, Grand Court of the Cayman Islands, and BVI Court.
• Recent advisory work has also involved trusts in the Bahamas, the Cook Islands, Gibraltar, Isle of Man, Mauritius and New Zealand.

Offshore work routinely involves working with professionals in other jurisdictions, including the domiciliary jurisdictions of settlors, US grantors and/or beneficiaries – and Brian’s recent work has involved close association with Austrian, Canadian, Californian, New York and Swiss attorneys, often with a need to understand their relevant tax systems applicable to trust entities.

Download Trusts, probate and estates: contentious CV

Trusts, probate and estates: non-contentious

Brian is consistently star rated in the Chambers & Partners and Top Rated in The Legal 500.

Private trusts work covers the full range of trusts, and estates practice, including:

• UK onshore and offshore trust structures, including out of court arrangements such as approval applications
• Variation of Trusts Act applications
• Compromises and settlements
• Construction and rectification proceedings
• Trustee Act and Settled Land Act applications

Commercial trusts work is exceptionally varied. Examples include advising:

• Insurance company managers and custodian trustees on the governance and dispute resolution in the operation of real estate unit trust and related limited partnership structures faced with LTV and other related issues.
• International bondholders concerned to maintain their non-subordinated status under custodian and other trust documents subjected to offshore insolvency proceedings.

Offshore work includes:

• Ongoing advisory work in Bermuda, BVI, Cayman Islands, Guernsey, Jersey, and Hong Kong.
• Recent advisory work has also involved trusts in the Bahamas, the Cook Islands, Gibraltar, Isle of Man, Mauritius and New Zealand.

Offshore work routinely involves working with professionals in other jurisdictions, including the domiciliary jurisdictions of settlors, US grantors and/or beneficiaries – and Brian’s recent work has involved close association with Austrian, Canadian, Californian, New York and Swiss attorneys, often with a need to understand their relevant tax systems applicable to trust entities.

Download Trusts, probate and estates: non-contentious CV