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Rory Carter

Senior Associate, Contentious Trusts and Estates

Rory is a Senior Associate having joined our Contentious Trusts and Estates team in October 2021.

He formerly specialised in Private Client law advising, entrepreneurs, family and trust owned businesses as well as farms and estates.

Rory has a particular expertise advising the owners of cryptoassets. His private client experience now enhances his contentious practice.

Contentious Probate and Partnership Disputes:

  • Inheritance (Provision for Family and Dependants) Act 1975: Acts for claimants and defendants acting for spouses, long term partners, children and other dependants. He also acts for Will Trustees defending claims under the Act on behalf of the Will Trust.
  • Will Disputes: Advice on challenges to Wills on the grounds of lack of capacity, want of knowledge and approval and undue influence. He has acted for claimants seeking to overturn the will and those defending the will.
  • Partnership Issues: Rory advises on partnership disputes and the distribution of assets after the death of a partner. His experience includes acting in relation to family run business and farming partnerships where there are no written partnership agreements.

Contentious Trust Practice:

  • Trust Disputes: Advice to trustees in relation to the exercise of their discretion (taking into account all of the relevant factors).
  • Breach of Trust: Advising trustees on claims for breach of trust (including allegations of ultra vires distributions) and in relation to mitigating previous (technical) breaches.
  • Variation of Trusts: Applications under the Variation of Trusts Act 1958 to approve variations to the terms of a trust on behalf of beneficiaries who are minors and therefore unable to consent to the application.

Cryptocurrency and Blockchain:

  • Cryptocurrency & Blockchain: Structuring and implementation of cryptocurrency/blockchain projects (including Decentralised Autonomous Organisations (DAOs) and Non-Fungible Token (NFT) projects.
  • Asset Classes: Rory advises Trust Companies on solutions to enable them to invest in or hold cryptoassets with a view to mitigating risk. This includes drafting bespoke policies and procedures to follow when making investment decisions.
  • Disputes: Rory assists with the freezing of crypto assets and the tracing of assets.

Publications/Media/digital projects

  • Authored STEP Trust Quarterly Review magazine article on the judgment in Mezhprom v Lenux and binding trustees in litigation in foreign jurisdictions.
  • Authored the chapter on Non-Fungible Tokens (NFTs) in ‘Cryptoassets for Private Clients’ published by Lexis Nexis in January 2023
  • Provides interviews and Q&A’s with mainstream media on Non-Fungible Tokens including by the Chief Art Critic of The Times and Saga Magazine.

My Insights

"I enjoy working in a collaborative team where everyone is professional with the essential ingredient of a good sense of humour."
Laura Neal, Associate, Private Client
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