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Trusts: When is a beneficiary not a beneficiary?
Timothy Sherwin examines the importance of s53 of the Trust (Guernsey) Law and the rule in Saunders v Vautier Discretionary beneficiaries cannot be said to have an immediate, vested and indefeasible interest in the trust property. This article considers the decisions at first instance and on appeal, in Rusnano Capital AG (in liquidation) v Moland …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Buschau v Rogers Communications Inc [2004] BCCA 80
- Gartside v IRC [1968] AC 553
- In re Smith [1928] 1 Ch 915
- In re Traffords Settlement [1985] Ch 32
- JSC Mezhdunarodniy Promyshlenniy Bank v Pugachev [2015] 991 CA
- Mubarak v Mubarik [2009] WTLR 1543 RC (Jersey)
- Orb ARL v Ruhan [2015] EWHC 262 (Comm)
- Re Nelson [1928] 1 Ch 920
- Rusnano Capital AG (in liquidation) v Molard International (PTC) Ltd [2019] GRC 011; WTLR(w) 2019-11
- Saunders v Vautier (1841) Cr & Ph 240
- Schmidt v Rosewood Trust Ltd [2003] WTLR 565 PC
- Wong v Grand View Private Trust Company Ltd [2019] SC (Bda) 1 Com
- Y v R In the matter of an application for the enforcement of an arbitral award dated 5 July 2016 unreported, 9 January 2018 (