Tina Wüstemann

Bär & Karrer Ltd

Zurich www.baerkarrer.ch

tina.wuestemann@baerkarrer.ch Tel: +41 58 261 50 00

Biography

Tina Wüstemann is partner and head of the private client team at Bär & Karrer. She has more than 20 years of experience in private client matters and is regarded as one of the leading Swiss experts in this field. She advises high-networth individuals and their families on estate and wealth-planning matters, and has a very strong practice in representing clients in large cross-border trust and estate planning disputes. Tina Wüstemann is constantly nominated as a leading private client practitioner and star individual in Chambers HNW Guide, The Legal 500 and WWL, which named her the 2019 Private Client Lawyer of the Year (Switzerland).

What do you enjoy most about working in the private client market?

The interaction with our clients is one of my favourite parts of the job. I enjoy helping clients to master challenges and coming up with innovative solutions very much. Furthermore, I am someone who thrives in a team. To be able to tackle and solve complex legal issues in multi-disciplinary and often international teams is highly rewarding.

What are the most common sources of private client disputes currently and how do you think clients can minimise the risk of them occurring?

Most of our work has cross-border elements to it. Increased mobility means that legal issues often spread over several countries as well – for instance, when a testator leaves large fortunes in complex structures covering various jurisdictions. There has been a rise in complex, crossborder trust and estate disputes during recent years. We are currently involved in several large inheritance and trust disputes for clients involving jurisdictions and assets around the world where Bär & Karrer often is not only acting as Swiss counsel but also has the overall lead.

There are many catalysts for the increase in such disputes. The boom in estate and trust litigation is the result of the “second generation problem” where principals pass away and hand the baton over to the next generation in circumstances where familial issues have been left unresolved. The increasing number of multiple marriages and the tensions that arise among spouses and children from previous marriages also give rise to litigation. In addition, the traditional family consisting of two parents with common children are no longer the norm and modern family forms give rise to complex legal issues, both with regard to succession and trust matters.

Our task as private client lawyers is to guide our clients to avoid legal action where possible and to defuse conflicts before they arise. Preferably, the family members should be involved in the estate and wealth planning process to avoid surprises and to prepare the next generation at an early stage to take over. This approach helps to preserve family wealth and harmony, but there are situations where disputes can unfortunately not be avoided.

What insights have you gained from working with a spectrum of clients, including individuals and companies from around the world?

There is no one size fits all solution and I am learning more every day. Every case has its own dynamics and complexities, especially when dealing with international clients and cross-border aspects, which makes my profession so dynamic.

What is the greatest challenge currently faced by private client lawyers?

Increased complexity of the issues we deal with for our clients will require even more concerted efforts by teams staffed from various firms, disciplines and countries. This development is likely to also have an impact on how we collaborate and deliver our services to clients and the use of collaborative platforms might increase. I expect the trend we observe with regard to increasing litigious work to continue, which means that private client teams won’t go out of work but will much rather grow.

What has been a highlight of your practice in the past year?

Working in a wonderful team with my motivated and highly skilled colleagues.

What changes do you think the next generation of lawyers will bring to your firm?

As a tendency, today’s generation of young lawyers adapt to new ways of working easily and are open to different approaches to solving a problem. Collaboration is key for our younger associates and we have invested a lot to facilitate and stimulate teamwork during recent years within the firm, but also with clients and international correspondent firms around the world. To reduce hierarchies within the firm, Bär & Karrer has set up cross-functional working groups in which partners and associates drive internal projects forward alongside assistants and other support staff.

What advice would you give to your younger self?

Be passionate, empathetic and authentic.

WWL says: Tina Wüstemann is “an excellent lawyer” distinguished for her market-leading expertise in complex estate and succession planning, and trust and estate matters.