In today’s world, where global asset allocation has become the norm and the geopolitical landscape is complex and ever-changing, cross-border trusts have emerged as a vital tool for family wealth management. Consequently, issues related to dispute prevention and judicial enforcement have become a focal point for both the legal and wealth management communities.
On March 25, 2026, the seminar titled “Practical Aspects of Dispute Prevention and Asset Enforcement in Cross-Border Trusts” was successfully held. The event featured a comprehensive and in-depth discussion spanning legal foundations, macro-level allocation, structural design, judicial enforcement, and case studies, providing professional guidance and practical insights for risk management and operational practices in cross-border wealth management.
Partner Wang Shuaifeng
The seminar was moderated by Wang Shuaifeng, a partner at King&Capital Law Firm. He briefly introduced the King&Capital Family Trust Legal Affairs Center and the background of the event: Since its establishment in 2014, the King&Capital Family Trust Legal Affairs Center has dedicated 12 years to the field of family trusts, starting with its first BVI VISTA purpose trust and accumulating extensive practical experience in cross-border trusts. The organization of this seminar represents a significant initiative by the Center to address industry needs, resolve pain points in the development of cross-border trusts, and establish a professional exchange platform.
Senior Partner Xiao Shuwei
At the start of the seminar, Xiao Shuwei, Senior Partner and Party Committee Secretary of King&Capital Law Firm, delivered opening remarks. Mr. Xiao shared his profound insights into industry development and extended a warm welcome to the attendees.
In-Depth, Multi-Dimensional Insights: Addressing Core Challenges in Cross-Border Trusts
During the keynote session, speakers approached the topic from various angles, delivering substantial, practical insights to the audience.
Professor Han Liang
First, Professor Han Liang, PhD supervisor at Nankai University, delivered an in-depth analysis titled “Root Causes of Cross-Border Trust Disputes and Compliance Strategies.” He examined cross-border trust disputes from the perspectives of root cause analysis and compliance responses. He identified five primary sources of disputes: illegal purposes or assets in trust establishment; failure to keep pace with changes in compliance regulations such as CRS 2.0; establishing offshore trusts from a domestic legal perspective; unfamiliarity with common law and equity principles; and insufficient understanding of cross-border trust instruments such as PTCs. Additionally, drawing on typical cases such as Evergrande, Zhang Lan, and the Zong family, he highlighted six major systemic changes and proposed that to avoid cross-border trust disputes, one must ensure the legality of trust establishment, align with cross-border compliance and transparency requirements, adhere to common law and equity principles, and collaborate with professional intermediaries.
Dr. Nie Junfeng
Dr. Nie Junfeng, Chairman of Jinghua Shijia Family Office, delivered a presentation titled “Stability and Security of Family Trust Asset Allocation in the Context of the U.S.-Israel-Iran Conflict.” Drawing on the backdrop of the U.S.-Israel-Iran conflict, he analyzed strategies for ensuring the stability and security of family trust asset allocation amid geopolitical tensions. He believes that war has thrown the cyclical rotation of major asset classes in global financial markets into disarray. From the perspectives of long-termism, patient capital, and generational family succession, the impact of war on value and net asset value fluctuations is short-lived; after weathering the shock, markets will ultimately return to normal. Consequently, he proposed three “stay” principles: stay foolish, stay hungry, and stay in.
Ms. Luo Xiaoqi
Ms. Wang Yizhe
The third speaker was Ms. Luo Xiaoqi, Managing Partner of the Shanghai Representative Office of Henglis Law Firm. Under the theme “Building an ‘Invincible Shield’ for Cross-Border Trusts,” she focused her presentation on the design of cross-border trust structures. She provided a detailed breakdown of how to establish a robust, risk-resistant cross-border trust structure from core dimensions such as the selection of offshore jurisdictions, the application of legal instruments, and the design of key clauses, ensuring that the trust truly serves as a “safe” for wealth and a “strategic shield” against risks. Wang Yizhe, Business Development Manager for Corporate Services at Henglis, provided a Chinese summary of the presentation, making the professional insights easier to understand and absorb.
Attorney You Le
Attorney You Le of King&Capital Law Firm shifted the focus to a practical perspective, addressing the enforcement of Hong Kong trust assets. Drawing on two landmark cases—the Zong Trust Dispute and the Evergrande Liquidation Series—she provided a detailed explanation of the practical application of asset preservation orders and Mareva injunctions. In the Zong case, the Hong Kong High Court issued a preservation order pursuant to Section 21M of the High Court Ordinance following a “two-tier review,” prohibiting the relevant parties from withdrawing or mortgaging assets in a certain Hong Kong bank account; In the Evergrande series of cases, the Hong Kong High Court successively issued Mareva injunctions against Xu Jiayin and Ding Yumei, freezing their substantial assets worldwide and ordering them to disclose their financial status; subsequently, the court further expanded the geographical scope of the injunction against Ding Yumei. Attorney You Le also compared the differences between Hong Kong and Mainland China regarding asset preservation in terms of application thresholds, scope of preservation, implementation methods, and security requirements, providing clear guidance for asset preservation practices in cross-border litigation.
In-Depth Roundtable Discussion: Extracting Risk Insights from Typical Cases
If the keynote presentations represent a systematic dissemination of professional knowledge, then the roundtable discussion session is a deep exchange of practical experience. Dr. Teng Jie, Partner at King&Capital Law Firm and an expert in equity trusts and corporate succession, Attorney Zhang Yanfei, Partner at King&Capital Law Firm and an expert in offshore trusts; and Attorney Liu Hongyu, Partner at King&Capital Law Firm and an expert in cross-border listings and corporate governance, drew upon their respective professional fields to address core issues one by one, including potential loopholes in the establishment of equity trusts by mainland entrepreneurs, key design considerations for offshore trusts to address judicial intervention by courts outside the jurisdiction of incorporation, and early warning signs of trust disputes arising from family governance failures; They also engaged in forward-looking discussions on cutting-edge topics such as the systematic synergy between corporate bylaws and family constitutions, strategic adjustments for offshore trusts under the CRS 2.0 framework, and the cultivation of compliance awareness alongside the establishment of governance mechanisms in family succession planning.
Roundtable Session: From left to right: Attorney Zhang Yanfei,
Attorney Teng Jie, Attorney Liu Hongyu
Although the seminar was tightly scheduled, it was rich in content and packed with practical insights. From root-cause analysis and macro-level planning to cross-border trust structure design, and from Hong Kong enforcement practices to case studies, the participants collectively provided a comprehensive overview of cross-border trust dispute resolution and enforcement practices.
Moving forward, King&Capital Law Firm will continue to collaborate with Henglis Law Firm, Jinghua Shijia Family Office, and partners across various sectors to provide robust professional support for the smooth operation, compliant succession, and long-term development of family businesses.
