Toby Graham

Partner

Toby Graham

Contact details

Accreditations

  • Chambers UK, 2016
  • Legal 500, 2015

Career

Called to the Bar in 1989 (Tancred Scholar); admitted to solicitor February 1992; trained with Simmons & Simmons 1989 to 1994; Taylor Joynson Garrett/Taylor Wessing 1994-2007 (partner October 1999 and Head of Contentious Trusts & Estates Group 2003)

Education

UEA, Norwich

Memberships

Trust Law Committee; STEP Contentious Trusts and Estates Special Interest Group (Chair); International Academy of Estate and Trust Law; STEP; ACTAPS.

Toby Graham has "the best manner with lay clients of any solicitor - he has a wonderful way of making them feel confident in him."

Chambers UK

Toby is head of Farrer & Co contentious trusts and estates group. Toby specialises in contentious trusts and estates, usually of high value with international elements. He has been involved in trusts disputes before courts in England, The Bahamas, Bermuda, BVI, Cayman, Cyprus, Guernsey, Jersey, Singapore, Switzerland and TCI. He has experience of a broad range of disputes such as third party claims; validity issues; breach of trust; Hastings Bass; applications for approval under VTA; disputes over investment performance; Inheritance (Provision for Family and Dependants) Act 1975; validity challenges to wills.

Toby is co-editor of Trusts & Trustees published by Oxford University Press; a member of the editorial board of Wills & Trusts Law Reports; a co-editor of "A Practical Guide to the Transfer of Trusteeships" (2nd ed) published by STEP and is the author of the course notes for the STEP Certificate in Trust Disputes.

Toby is a member of the Trust Law Committee, the Chair of the STEP Contentious Trusts and Estates Special Interest Group and a member of the International Academy of Estate and Trust Law.

Toby is described in Legal 500 as "particularly excellent".  

Toby was named the Private Client lawyer of the year (Who's Who Legal) (March 2014). Their research describes him as "the most highly regarded lawyer in our research" and "a 'pre-eminent' practitioner" who is "noted for his 'expert handling of complex multijurisdictional disputes'" who is "considered a 'point of reference' by many in the sector". He was the winner of a STEP "outstanding achievement" award (2007/8).

Publications:

  • To access articles published in Trusts & Trustees written by Toby please click here.
  • Toby contributed a chapter to International Trust Disputes (2011), OUP
  • Toby is author of the course notes for STEP Trust Disputes Course
  • Toby is the editor, and contributor to various chapters of International Guide to Money Laundering Law and Practice (2nd edition), Butterworths
  • Toby is the co-author, with Nicholas Elliott QC and Evan Bell, of Money Laundering (2003), Butterworths Compliance Series

Reported Cases:

  • Novatrust Limited v Kea Investments Limited and others [2014] EWHC 4061 (Ch)
  • Stiftung Salle Modulable (2) Rutli Stiftung v Butterfield Trust (Bermuda) Limited [2013] SC (Bda) 47 Civ
  • Rybolovleva v Rybolovlev
  • Q v Q [2010] SC (Bda) 40 Civ
  • Gomez v Gomez-Monche Vives [2008] EWCA Civ 1065
  • Alhamrani v Alhamrani [2007] JCA 164
  • Wingate v Butterfield Trust (Bermuda) Limited [2008] WTLR 543 2008 WL 1771461
  • Weissfisch v Julius and others [2006] EWCA 218 Court of Appeal

Reported cases

  • 10 December 2014
    Novatrust Limited v Kea Investments Limited and others [2014] EWHC 4061 (Ch)
  • 21 February 2014
    (1) Stiftung Salle Modulable (2) Rutli Stiftung v Butterfield Trust (Bermuda) Limited [2013] SC (Bda) 47 Civ
  • 03 May 2012
    Rybolovleva v Rybolovlev
  • 16 April 2010
    Q v Q [2010] SC (Bda) 40 Civ
  • 03 October 2008
    Gomez v Gomez-Monche Vives [2008] EWCA Civ 1065
  • 30 August 2007
    Alhamrani v Alhamrani [2007] JCA 164
  • 14 December 2007
    Wingate v Butterfield Trust (Bermuda) Limited [2008] WTLR 543 2008 WL 1771461
  • 08 March 2006
    Weissfisch v Julius and others [2006] EWCA 218 Court of Appeal