STEP HONG KONG LTD
PO Box 8486
GPO
Hong Kong
Tel: 2559 7144
Email address:
Website address: www.step.org/hong-kong
A PANEL DISCUSSION ON
“DIVORCE-PROOFING AND TRUST-BUSTING: PRACTICAL MEASURES FOR TRUSTEES”
Speakers: Thelma Kwan (Barrister-at-law)
Deirdre Fu (Senior Consultant, Winston & Strawn)
Andrew Lynn (Barrister-at-law, Gilt Chambers)
Date: Tuesday, 17 November 2015
Time: 6.00 pm – 7.00 pm
Venue: The HK International Arbitration Centre, 38/F,
Two Exchange Square, Central, Hong Kong
The panelists:
Thelma Kwan is a Barrister specialising in family, trust and probate law in Hong Kong. She had previously spent 24 years in the private banking industry, in the trust and wealth planning segment of various private banks. Her last role, before returning to legal practice, saw her as the Head of Wealth Advisory for Asia Pacific for Barclays Bank running a team of wealth advisers in the Asia region. Presently, Thelma’s interest and part of her focus continues to be serving clients in their wealth planning needs with a holistic approach; taking into regard issues including family succession planning, asset protection, business succession, cross border tax and matrimonial disputes.
Andrew Lynn TEP is a barrister at Gilt Chambers, Hong Kong, practising mainly civil law, with a special focus on trusts and probate (both contentious and advisory), commercial/company disputes, and public law matters. He acted for the applicant/appellant wife as sole counsel at trial and lead counsel on appeal to both the Court of Appeal and the Court of Final Appeal in the landmark Otto Poon divorce case from 2011-2014. He has been published in Trusts & Trustees and has recently been commissioned by LexisNexis to author the ‘trust disputes’ and ‘trusts in divorce’ sections of the online resource, Lexis Practical Guidance (Hong Kong).
Deirdre Fu TEP is a senior associate in the Hong Kong office of Winston & Strawn. Her practice focuses on advising settlors on the use of trust and other wealth protection tools for estate and succession planning, tax mitigation, asset protection and family/business governance. Her main interest is in pre-marital asset protection planning. Ms Fu has advised many ultra-high net worth families in Hong Kong, PRC and South East Asia (many with US connections). She has also worked with private banks and institutional trustees to deal with issues relating to their trust business and the administration of trusts.
The Panel Discussion will, by way of lively and interactive forum, draw upon the collective experience of the speakers to provide practical guidance for trustees in establishing, administering, and litigating trusts with a view to preventing potential ‘trust-busting’ by a divorce court. We also recognize the genuine difficulties commonly encountered by trustees (and their lawyers) when they become embroiled in divorce proceedings, and the serious financial and reputational consequences of getting it wrong. We will therefore go beyond merely looking at the law to focus on the practical measures trustees and trust professionals can consider employing to reduce or manage risk in this evolving area of law and practice.
The discussion will address the following specific topics:
• Key features of trusts for ‘divorce proofing’;
• Clauses/phrases to avoid or add in trust deeds and letters of wishes;
• Tools other than trusts;
• Points to note in trust administration;
• Reacting to news of impending litigation;
• Managing relationship with clients and lawyers during litigation;
• Dealing with interlocutory applications in the onshore jurisdiction and related trust administration applications in the offshore jurisdiction;
• Legal submissions and evidence for the trustee to put before the court in the substantive onshore divorce proceedings;
• Getting it right next time - common misunderstandings arising from Poon divorce and what trust professionals really should be learning from it.
Those interested should register using the attached seminar enrolment form.
STEP HONG KONG LTD
PO Box 8486
GPO
Hong Kong
Tel: 2559 7144
Email address:
Website address: www.step.org/hong-kong
SEMINAR ENROLMENT FORM
A PANEL DISCUSSION ON
“DIVORCE-PROOFING AND TRUST-BUSTING: PRACTICAL MEASURES FOR TRUSTEES”
Speakers: Thelma Kwan (Barrister-at-law)
Deirdre Fu (Senior Consultant, Winston & Strawn)
Andrew Lynn (Barrister-at-law, Gilt Chambers)
Date: Tuesday, 17 November 2015
Time: 6.00 pm – 7.00 pm
Venue: The HK International Arbitration Centre, 38/F,
Two Exchange Square, Central, Hong Kong
The cost per person is HK$300 for members of STEP and the HK Trustees’ Association Ltd*, and HK$400 for non-members. (*Any staff, not only the nominated representative of the HKTA member, can attend the seminar at a cost of $300). Applications for ten or more members can enrol at a special discount fee of $275 per person. Please complete this form and return it to us at the PO Box address above with your cheque made payable to STEP Hong Kong Limited.
Name of STEP or HKTA Member: ______
Name(s) of attendee(s)______
______
Cheque total: ______Cheque No. ______
Contact Person: ______Telephone: ______
Email: ______
(NB: Payments are non-refundable unless the event is cancelled by the Society. Bookings are only confirmed with payment, on a first-come, first-served basis)