"An express trust is largely what the draftsman makes of it, so long as his purpose is not illegal, and to the extent constrained by public policy. This elastic concept has, over the past three decades, stretched to a variety of innovative uses in the private and commercial context so that the trust, and the manner of its evolution, has become an emblem of the fluidity of English law."
Mr Justice Smellie, Chief Justice, The Cayman Islands (pictured right)
"I didn't know there were 70 identified forms of dementia and I shall be going off to the internet so that I can start categorising people."
Robert Ham QC of Wilberforce Chambers (pictured left) reacts to the speech by consultant Dr Claire Royston on mental capacity
"There's a great deal of interest internationally in the attitude of the family judges in England and their attempt to try and influence overseas trustees and overseas jurisdictions to have regard to the wishes of the English judiciary and that, of course, is a way that one country is trying to reach in to influence other judges in other countries."
Richard Moyse, partner, Boodle Hatfield
"We were able by teamwork and contributions from all sides to bring off resolutions which resolved the families' tensions at least so far as their trusts were concerned - or at least parked them for another day. Out of hot contention we had a synthesis which suited the needs of various branches of families."
Shan Warnock-Smith QC, 5 Stone Buildings, on her three most significant cases over the past 12 months.
"Nineteen of them are having a massage - I'd like to see that masseur."
After dinner speaker Rob Brydon, on the leisure activities on offer at the Four Seasons Resort in Provence, France
"I think it is the experience of any major trust company that the vast majority of their trusts don't go to litigation. If you dropped into a conference like this without knowing anything about the trust industry you could leave it believing that every trust ends in a dispute."
Joe Donohoe, private client director, RBC Wealth Management (pictured right) on the need for trustees not to become too risk averse
"What is particularly interesting about hearing lawyers' views at a conference like this is that you hear the private client perspective or the estates perspective but it often meshes with principles that you come across either in bankruptcy or in companies litigation."
Adam Goodison, 3-4 South Square
"I was brought up to believe that the appointment of a party as a trustee, and most particularly the appointment of a trusted friend or relation of the settlor, manifested the settlor’s intention to confer upon the trustee the right (and indeed duty) to bring into play in the exercise of his powers and duties his own judgment and moral values which (it may be inferred) was the reason for his selection as a trustee."
Sir Gavin Lightman QC
2008 Legal Week Trusts & Estates Litigation Forum
