Sofer v SwissIndependent Trustees SA [2020] WTLR 1075
Wills & Trusts Law Reports | Autumn 2020 #180The claimant was the intended beneficiary of the Puyol trust (the trust) which was created in discretionary form by Hyman Sofer (the settlor) in July 2006. The defendant was a professional trustee company based in Switzerland. The settlor was added as a ‘specified beneficiary’ while the claimant and other issue of the settlor became ‘general beneficiaries’. The trust included a power for the trustee to lend any money forming part of the trust assets to any beneficiary and there was a prohibition on the trustee paying any part of the capital to any beneficiary prior to the death of the se...
Crociani & ors v Crociani & ors [2014] UKPC 40
Wills & Trusts Law Reports | July/August 2015 #151By a trust deed dated 24 December 1987 (trust deed) Edoarda Crociani (settlor) settled a promissory note on herself and others for the benefit of her daughters, Cristiana Crociani (Cristiana) and Princess Camilla de Bourbon des Deux Siciles. The trust deed conferred extensive powers on the trustees in respect of both capital and income, including power to pay the whole or any part of the trust funds to another trust. Originally, it was provided that the forum for the administration of the trust and its construction should be governed by the law of the Bahamas. Clause 12(6), howe...
Garcha & ors v Moore & ors [2014] EWHC 2754 (Ch)
Wills & Trusts Law Reports | April 2015 #148Sri Guru Singh Sabha Southall (the charity) was a registered charity whose objects included the advancement of religion. An executive committee was responsible for the management of the charity and, with 10,000 members, there was a tendency to form factions. A former president of the charity (Mr Sohi) was expelled from membership, following a change of office, and commenced proceedings against the members of the executive committee then in power (the old committee) for a declaration that the resolution of expulsion was null and void. They were sued on their own behalf and on behalf of al...