Withers Bergman LLP

Who should inherit what? What was promised? What is fair? These questions are not easy to answer, but where there are disputes our leading trust and succession lawyers can help.

It might be that you’ve lost faith in a trustee or protector controlling a trust. Maybe a vulnerable parent was persuaded to draft a will disinheriting you. Your trust may be under attack during a divorce; or perhaps you represent a charity defending a legacy.

Disputes are often complicated, with a family’s wealth spread across the world in trusts and other assets. They can also be highly stressful, especially when you are grieving for a loved one. With so much at stake, you need the very best legal advice from our experienced trust and succession solicitors.

Ranked No1

Withers is top-ranked in trust and succession disputes, with the world’s largest team of inheritance lawyers dedicated to them. With 18 offices around the world including London, New York, New Haven, California, Hong Kong and Singapore, we are especially well placed to advise on cross-border issues.

Only a small percentage of our cases end up in court. In our view going to trial is rarely in the best financial or personal interests of clients facing bereavement, divorce or some manner of family feud. However this does not mean compromising on results.

In some cases, clear and robust correspondence from us is enough to secure the outcome you want. In others, a round-table meeting will achieve the best result. Should the matter go to mediation, several of our inheritance lawyers are trained mediators and can help you to reach a fair outcome through negotiation without the stress and uncertainty of going to court. Some disputes may be suitable for arbitration, which is similar to the court process in that the parties have to abide by the decision of the arbitrator, but on a private basis. This approach offers a faster outcome and the privacy is especially welcome in trust and succession disputes.

Renowned for winning complex onshore and offshore cases

Should court proceedings prove unavoidable, we are renowned for our ability to win the most complex onshore and offshore cases, having achieved many ‘firsts’, such as obtaining a Singapore High Court decision that certain stamp duties should not apply to residential property purchased by charitable purpose trust, removing a protector from a Guernsey trust and setting aside a trustee decision in Bermuda. Our trust and succession lawyers are leaders in their field, with partner Paul Hewitt described as ‘a big name in the field’ and partner Dawn Goodman rated as “fantastic,” “a leading light” and “one of the elite” in Chambers’ High Net Worth guide.

At all stages, we think several moves ahead on the ‘chess board’ of your trust and succession disputes, aiming to resolve it as quickly and cost-effectively as possible. This is one reason we are chosen to represent many charities, including the RSPCA, Macmillan Cancer Support and the Royal Society.

We are an equal opportunity employer committed to enhancing diversity within the workplace.

We recognize and value the benefits that a diverse workforce can bring to the organization. Diversity is not limited to gender and ethnicity, and includes factors such as religion or belief, disability, age, marital status and sexual orientation. All our employees and Partners are responsible for the promotion and advancement of equality and diversity within the Firm.

Much of our work on diversity in the last three years has been about putting good monitoring tools in place to ensure that we understand where the gaps are within our workforce, making changes to our strategies and communicating our policy on equal opportunities and diversity to our staff and training those involved in managing and recruiting others.

Since 2002, Withers has experienced a period of growth. The expansion of our client base has highlighted our clients' need for a highly skilled and diverse workforce. The business need to support diversity is evident and Chris Priestley (a Partner in our Commercial group) has been nominated to ensure that Diversity is high on the partnership agenda.

Diversity Audit

In 2006 we undertook our first diversity audit of our workforce, monitoring age, sexual orientation, religion, ethnicity and disability. New joiners are monitored on an ongoing basis. Our diversity statistics are published below.

Communication of our commitment to Diversity

Each year our staff are asked to acknowledge their understanding of and commitment to the Firm’s Equal Opportunities Policy as part of our annual audit.

Our Supervisors and Partners receive training to ensure they understand their obligations in implementing our equal opportunity policy in the workplace.

In addition, all interview panelists are trained in the Firm’s approach to diversity and given guidance on our structured skill based approach to interviewing.

Promotion and Access to Development

Opportunities for promotion are communicated and made available to all staff on a fair and equal basis. A skills framework is used in all promotion, appraisal, and pay discussions to ensure a consistent and fair approach across the Firm.

Selection of candiates for promotion to 'Of Counsel or Partner' status is undertaken by a panel of Withers Partners, whose selection decisions are based upon technical expertise and pre-defined partner competencies.

Training is made available to all staff and Partners in line with our business needs. Training needs are recognized formally via our appraisal process, which is objective and skill based, to ensure a fair and equal approach.

Recognition for Diversity

Withers was ranked 2nd (out of the top 100 law firms) for having a high percentage of female equity partners in The Lawyer Career Report Survey 2006.

Withers also ranked 2nd (out of the top 50 firms) for Diversity with respect to women and ranked 1st for Diversity with respect for Gay and Lesbians in the Vault survey 2006.