Continue reading "Offshore: The test for sham trusts"
This post is only available to members.
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 …