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Offshore: The test for sham trusts
Nick Williams, James Angus and Matthew Davies discuss a sham trust case that raises pertinent points for both practitioners and trustees Even a trustee who is recklessly indifferent to the intentions of the settlor must, independently, have a positive intention to mislead third parties. In its judgment in Cohen and Crooks as Joint Administrators of …
Cases Referenced
Cases in bold have further reading - click to view related articles.
- Cohen and Crooks as Joint Administrators of the Estate of James Donald Hanson & anor v Arbitrage Research and Trading SA & ors [2021] JRC 319
- Re Esteem Settlement [2001] WTLR 641 RC (Jersey)
- Re Esteem Settlement [2002] WTLR 337 CA (Jersey)