Wills & Trusts Law Reports | Winter 2020 #181The appellant was appointed a trustee of the Ellen Morris 1990 Settlement (settlement) by a deed of appointment and retirement of trustees dated 19 March 2003. Her co-trustees were her father, the defendant, and Browne Jacobson Trustees Ltd (BJTL). Previously, a decision had been taken to embark on a ‘round the world’ capital gains tax avoidance scheme in relation to the settlement. This involved appointing Mauritian trustees and realising offshore gains where there was no capital gains tax, distributing the proceeds and then appointing UK-resident trustees in the same tax year of assess...
Those taking on a trusteeship must be fully informed. Graeme Kleiner, Hugh Gunson and Thomas Watts discuss Mackay, which develops the grounds on which such appointments can be set aside The claimant’s acceptance of her appointment could be severed from the DORA without offending the rule against partial rescission and without operating unfairly on any …
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