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Trusts: Section 57 clarified
Shân Warnock-Smith QC examines the partitioning of ‘Freeston’ trusts in the recent case of Southgate v Sutton ‘The US beneficiaries and the trustees were put in a difficult position as a result of the decision at first instance: the beneficiaries because of their continued exposure to penal US tax and the trustees because they could …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Pilkington v IRC [1964] AC 612
- Re Downshire Settled Estates [1953] Ch 218
- Re Freestons Charity [1978] 1 WLR 741
- Re Thomas [1930] 1 Ch 194
- Re Z Trust; MEP v Rothschild Trust Cayman Ltd [2011] WTLR 735
- Southgate v Sutton [2011] EWCA 637; [2011] WTLR 1235
- Sutton & ors v England & ors [2010] WTLR 335