Trust validity: Oh what a tangled Webb we weave

Farrer & Co | Trusts and Estates Law & Tax Journal | April 2021 #222
Tom McPhail reports on the Privy Council decision in Cook Islands case Webb which scrutinises the trust structure and the true reach of the settlor If the powers retained by a settlor are so extensive and of such a nature that they amount to an uncontrolled power to recover the trust property, then the settlor’s …

Continue reading "Trust validity: Oh what a tangled Webb we weave"

This post is only available to members.

Trusts: When is a beneficiary not a beneficiary?

XXIV Old Buildings (Chambers of Alan Steinfeld QC) | Trusts and Estates Law & Tax Journal | May 2020 #216
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 …

Continue reading "Trusts: When is a beneficiary not a beneficiary?"

This post is only available to members.