Private wealth disputes with cross‑border elements (including connections to Bangladesh)
Our London office at Holborn Gate, 330 High Holborn, WC1V 7QH, assists family offices, trustees, executors and high‑net‑worth individuals in managing private wealth disputes that involve assets, beneficiaries or proceedings outside England and Wales. This note sets out the typical issues, our strategic approach and a practical checklist for clients facing complex, transnational private wealth litigation or dispute avoidance work.
Our approach in cross‑border private wealth disputes
Disputes that touch more than one jurisdiction require an early, coordinated strategy. Key priorities are: establishing the correct forum, preserving assets and evidence, assessing enforcement options, and identifying regulatory or criminal law intersections. We work with private client, trusts, litigation and international arbitration teams to align procedural tactics and commercial objectives. Where necessary, we coordinate with local counsel in relevant jurisdictions to secure urgent relief and to navigate local substantive law.
Common dispute types and legal touchpoints
- Will and estate challenges, including contested probate and claims under intestacy rules.
- Trust disputes: breach of fiduciary duty, claims for removal or surcharge of trustees, and trust variation applications.
- Ownership and title disputes over property and corporate holdings located abroad.
- Freezing and search orders, injunctive relief and urgent asset preservation measures.
- Cross‑border enforcement of judgments, recognition and enforcement of foreign orders and arbitration awards.
Practical checklist for clients
- Identify all relevant assets, jurisdictions and entities linked to the estate or trust.
- Preserve documents and communications; obtain early forensic and trust accounting records.
- Consider urgent interim relief in England & Wales (e.g. freezing or disclosure orders) and options abroad.
- Assess the choice of forum and conflicts of law—determine whether English law or another governing law applies.
- Engage local counsel where substantive law, registration or enforcement actions are required.
- Review estate planning instruments and corporate structures for technical vulnerabilities or compliance issues.
Jurisdiction and sources
Primary official sources for procedural and jurisdictional matters include:
- GOV.UK
- HM Courts & Tribunals Service
- Ministry of Justice
- Judiciary of England and Wales
- Hague Conference on Private International Law
- Foreign, Commonwealth & Development Office
For clients with cross‑border elements, early coordination between advisers in England and abroad is essential to protect value and manage reputational and regulatory risk. When disputes have a transnational dimension, English courts often provide effective interim and substantive remedies, but enforcement and substantive outcomes will depend on the laws and procedures of the jurisdictions in which assets are located.
General information only; not legal advice and not a substitute for advice on a particular matter.
