SHÂN WARNOCK-SMITH QC
Practice
Shân Warnock-Smith QC is an adviser and a litigator in the whole range of trust, estates and charity matters and has a particular interest in wealth structuring for international families from both the advisory and the litigation standpoints.
In addition to her English practice, Shân practises extensively in the offshore jurisdictions, particularly in the Caribbean. She is admitted to appear in the Courts of the Dubai International Finance Centre (DIFC).
Professional reputation
Shân is highly recommended as a leading Silk in the current editions of Chambers UK, The Legal 500, and Legal Experts.
The Legal 500 (2006) notes that Shân Warnock-Smith QCs track record on many leading cases is second to none, and gains [her] promotion to the top tier
Shân has been named as one of the Top 20 Lawyers in the 2008 Citywealth Leaders list and is the Chairman of the Judges at the STEP awards of 2008.
Recent Cases and Notable Professional Contributions
Shân is at the forefront of developments in the private client field. She appeared in Re Yorke (deceased) [1997] 4 All ER. 907, the test case on estates of Lloyds Names, and is the author of the subsequent Practice Direction permitting paper applications to the court in such cases. Among some of Shâns other reported cases are:
- Midland Bank v Wyatt [1995] 1 FLR 697 (the first English case on sham trusts)
- IRC v Mallender [2001] WTLR 459 (availability of IHT business property relief for Lloyds underwriter)
- Re Carapiets Trusts [2002] WTLR 989 (foreign charitable purposes)
- A v Rothschild Trust Cayman Ltd [2006] WTLR 1129 (establishing the availability of the Hastings-Bass jurisdiction in Cayman)
Shân has also appeared in numerous important and often highly sensitive unreported cases dealing with variations of trust, construction and rectification proceedings, breach of trust claims and applications for directions by trustees, particularly those concerning the sale or management of family companies. She has recently been engaged in cases concerning the nature of the power to appoint a protector and the validity of a no contest provision in a trust, both awaiting publication.
Professional Activities and Memberships
Shân is a member of STEP, ACTAPS and the Chancery Bar Association. She is also a Bencher of Lincolns Inn.
Shân also sits on the editorial board of the STEP-sponsored Wills and Trusts Law Reports and on the Conferences Committee of STEP.
Lecturing
Shân is a regular speaker at professional conferences both in England and abroad and has recently spoken as far afield as Bermuda, Dubai and Hong Kong.
Mediation
Shân is an accredited mediator and is a specialist in the mediation of trust and probate disputes.
Publications
With others at 5 Stone Buildings, Shân is an editor of Heywood and Masseys Court of Protection Practice and is a contributor to the professional journals.