Georgia Bedworth analyses a case which considers whether the English court can vary a foreign trust under the Variation of Trusts Act 1958 ‘The Variation of Trusts Act 1958 and Hague Trusts Convention apply wherever a trusts matter comes before the English court, even if the other country has not ratified the Convention.’Private client lawyers …
Continue reading "Trusts: An extraordinary jurisdiction"
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Wills & Trusts Law Reports | March 2016 #157The claimant applied under the Variation of Trusts Act 1958 to vary the trusts of four family settlements and for the compromise of an issue as to the validity of the two most recent of those settlements. Three of the settlements, one made in 1932 and two in 1996, were governed by English law. The fourth settlement, made in 1950, was governed by Kenyan law. The 1932 and 1950 settlements were made by the first defendant’s late father. The 1996 settlements were discretionary settlements made by the first defendant.
The claimant and defendants were each trustees and/or...
Henry Legge examines some oft-overlooked points concerning international testators ‘If a testator had non-UK nationality, the system of law applicable at the time of execution or their death will suffice. The classic case where this will crop up in English practice is where a testator is resident in England but has a non-UK passport.’In this …
Continue reading "Wills: Lost in translation"
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