Overview
Anita Franklin focuses her practice on contentious private wealth matters, in particular trusts and probate. She advises high-net-worth individuals, wealthy families, protectors and enforcers on international dispute resolution issues, contentious estates including offshore trusts, and commercial disputes containing fiduciary elements in multiple jurisdictions.
Results
- Advising a high-net-worth individual on a multi-million pound professional negligence claim against his legal advisors following the acquisition of an indirect interest in residential property resulting in significant personal tax liability.*
- Advising an ultra-high-net-worth family on ongoing and substantial proceedings for breach of trust in the Bahamas between the beneficiaries and trustees in a long-running and high value family dispute.
- Advising beneficiaries of certain offshore trusts in respect of Subject Access Requests under the DPA and securing a victorious and landmark judgment in the Court of Appeal for beneficiaries seeking information from data controllers in the age of transparency.
- Advising a beneficiary of a BVI trust and successfully defending against an attack on the structure of the trust by reason of foreign matrimonial property rights. This was a trailblazing win and the first case to test the effectiveness of the BVI firewall legislation and its ability to repel claims arising from a foreign community property regime.
- Successfully securing orders for interim and injunctive relief as well as a custodial sentence for a beneficiary of an offshore trust against the trust’s Protector and Trustee under committal proceedings.
*Matter handled prior to joining McDermott
Recognitions
- Legal 500 UK, Recommended Lawyer for Contentious Trusts and Probate, 2023
- The Best Lawyers in the United Kingdom, Trusts and Personal Tax Law, Ones to Watch, 2023 – 2024
- Legal 500 UK, Key Lawyer for Contentious Trusts and Probate, 2021
- ACTAPS 2021
Credentials
Education
Kaplan Law School, LPC, 2014
University of Law, London, GDL, 2013
University of Bristol, Politics BSc, 2012
Admissions
England & Wales
