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Transfer into Guernsey trusts set aside on grounds of mistake despite the fact the transfer was made solely to reduce tax
The Guernsey Royal Court recently ordered, under s. 69(1)(a)(iv) of the Trusts (Guernsey) Law 2007 (the "Act"), that a transfer of shares into Guernsey …
When not to tell a beneficiary?
In a recently released judgment, In the matter of C Settlement [2017] JRC 035A, the Jersey Royal Court confirmed that, in principle, a trustee can …
IN THE MATTER OF THE A LIMITED FURBS AND THE B EBT [2017] 21/2017
Summary The recent case of A Limited FURBS decided in the Guernsey Royal Court provides helpful clarification on the question often faced by offshore …
Cayman courts emphasise the importance of Beddoe relief and its availability in situations where a third party claim is for an amount greater than the Trust assets.
In the case of X (as Trustee of the A Trust) v Y (beneficiary of the A Trust)[1], the court reiterated the importance for Trustees of seeking Beddoe …
London High Court considers trustee decision-making processes
The High Court of England and Wales has provided useful guidance for trustees generally as to the scope of their powers and the manner in which they may …
“Dishonesty at its highest level and gravity” – when solicitors commit offences against client estates
This blog post will consider a number of recent cases in England where solicitors have been convicted of offences or struck off the register for …
Akers v Samba: Trusts over foreign assets
The UK Supreme Court has held that the extinction of a company's beneficial interest under a trust on the transfer of an asset by the trustee to a bona …
OUTGOING TRUSTEE HAD NO RIGHT TO RETAIN TRUST ASSETS OR RECEIVE A CONTRACTUAL INDEMNITY FROM THE SUCCESSOR TRUSTEE
The Supreme Court of Bermuda has held that a trustee has no general right to retain trust assets to meet its potential liabilities when a successor …
BVI Court of Appeal Comment on Trustees' Duty to Account and Evidential Presumptions in Trusts
The BVI Court of Appeal has recently allowed an appeal concerning a trustee's failure to account and breach of trust.[1] The breach of trust arose as a …
Family dispute over the setting-up of a trust rejected because plaintiff consented to the trust at the time of establishment
In a recent case, the Singapore High Court has held that a plaintiff's agreement to the setting-up of a trust to protect a family's wealth (including the …
Hong Kong Court rejects case that shares were held on trust, finding that evidence adduced was inconsistent
The Hong Kong High Court has recently held that Eric Hotung had not imposed a trust in his favour when he gave HK$2,000,000 to Ho Yuen Ki in 1961 for the …
Leading Herbert Smith Freehills lawyers to speak at major trusts conference in London
Members of Herbert Smith Freehills' Contentious Trusts team (Tom Leech QC, Richard Norridge and Gareth Keillor) will be speaking at a conference on …
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