Rawlinson & Hunter Trustees SA v Chiddicks & ors [2022] WTLR 1475
Wills & Trusts Law Reports | Winter 2022 #189The late claimant was the settlor of eight family trusts of which Equity Trust (Jersey) Ltd was the original trustee. Two of the trusts, ZII and ZIII, both Jersey discretionary trusts, were relevant to the proceedings.
In 2006, Equity Trust retired as trustee and was replaced by Volaw Trustees Ltd. Equity Trust had the benefit of an indemnity. In 2008, a property crash led to the trusts becoming insolvent. In 2012, a company owned by ZII and in compulsory liquidation issued proceedings against its director and Equity Trust, which notified Volaw of its intention to rely on the inde...
Smith & anr v Michelmores Trust Corporation Ltd & ors (costs) [2021] WTLR 1083
Wills & Trusts Law Reports | Autumn 2021 #184A testatrix (T) left the residue of her estate (the trust fund) on trust to be divided into four equal shares, directing that one of them (the share fund) be held upon discretionary trusts for the benefit of her son, B, and his children and remoter issue. The other three shares were given to her other three children absolutely. The will trustees (who were the executrix of T’s will and another person appointed by her as a co-trustee) sought the approval of the court for a proposed appointment of all of the liquid funds in the share fund to B absolutely. The judge refused to approve the pr...
Re The K Trust Guernsey Judgment 31/2015
Wills & Trusts Law Reports | September 2016 #162The settlor established a discretionary settlement (K Trust) under the laws of Guernsey in 1990. The protector, who was the first respondent, and the original trustee were friends and advisors of the settlor. B1, who was the first applicant, married the settlor in 1991 but they did not have any children. When the settlor died in 2001, B1 was the only beneficiary of the K Trust. She requested that consideration be given to adding some of her relatives as beneficiaries. The second respondent (who had replaced the original trustee in 2002), with the consent of the protector, added B1’...
IFG International & ors v French 2012 CHP 0048
Wills & Trusts Law Reports | March 2013 #127The four claimants were professional trustees of a total of nine trusts, all governed under Isle of Man law. Some of nine trusts were created for the benefit of Samuel Wyly and his immediate family and the remainder for his brother Charles Wyly and his immediate family.
Michael French, the defendant, was either a protector or a member of the committee of trust protectors for each trust. He retired from all these positions in December 2000.
Proceedings had been brought against Mr French and the Wyly brothers in New York by the US Securities and Exchange Commission (the SEC...
Oakhurst & ors v Blackstar (Isle of Man) Ltd & anr [2012] EWHC 1131 (Ch)
Wills & Trusts Law Reports | September 2012 #122The first claimant (the principal employer) set up employee retirement benefit schemes (ERBS) for three of its directors, the second to fourth claimants on 23 November 2007, under which the directors were each members of their own schemes. The first defendant, Blackstar (Isle of Man) Ltd (Blackstar) was the trustee for all three schemes. Under the ERBSs, the trustees were given an express power that they could exercise by lending all of the trust fund to the member or other beneficiary on uncommercial terms, and in each case Blackstar received some £2m from the principal employer and it ...