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...
Barnsley & ors v Noble [2016] EWCA Civ 799
Wills & Trusts Law Reports | November 2016 #164Michael and Philip Noble were brothers who built up a substantial property empire known as the Noble Organisation. It had a complex ownership and management structure involving a number of companies and partnerships and certain trusts for the benefit of their respective families. Michael died in 2006. The executors were Philip, his widow Gillian, and John Barnsley (an accountant associated with PricewaterhouseCoopers). There was a demerger of the business side and property side of the Noble Organisation with Philip taking the business assets and Gill taking the property assets. This was ...
Spread Trustee Company Ltd v Hutcheson & ors [2011] UKPC 13
Wills & Trusts Law Reports | March 2012 #117Privy Council (Lady Hale, Lord Mance, Lord Kerr, Lord Clarke and Sir Robin Auld)
The respondents made claims for breach of trust against the appellant in respect of breaches that occurred in Guernsey at a time when Guernsey customary law governed the duties of Guernsey trustees and also after the introduction of the Trusts (Guernsey) Law 1989 (the 1989 Law), but before that law was amended by the Trusts (Amendment) (Guernsey) Law 1990 (the 1990 Law). The trust instrument included an exoneration clause in respect of negligence by the trustee and ...