Jennifer Fox updates the position on anti-Bartlett clauses ‘The 2018 decision of the Hong Kong Court of Appeal in Zhang Hong Li had raised questions on whether it is actually possible for an anti-Bartlett clause to exclude the trustee’s duty to enquire and supervise in respect of an underlying company.’ Those in the private wealth …
Continue reading "Trust deeds: Normal service resumed…"
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Emilia Piskorz considers the weight given to subject matter certainty in a Court of Appeal case ‘Even though the trust deed did not refer to the property, given the correspondence, the reasonable man would conclude that Madam Lim believed that the property was held on the trusts of the deed she executed.‘ In a judgment …
Continue reading "Trust deeds: Filling in the blanks"
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Lisa Feng examines the implications of Swift v Ahmed [2015] ‘The issue for the court was whether a real and substantial purpose of the deed was to place assets beyond the reach of (or otherwise prejudice the interests of) the trustee’s creditors.’The case of Swift Advances Plc v Ahmed [2016] is an example of what …
Continue reading "Trust Deeds: The deed in the drawer"
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Wills & Trusts Law Reports | May 2015 #149This decision concerned the construction of a trust deed dated 28 November 1944 (the deed) made between Eric Max Warburg on behalf of the Warburg family, Viscount Lee of Fareham on behalf of the Warburg Society, and the University of London (UOL). There arose questions about the scope of the deed, the ownership of property, the status of funding and the propriety of the administration by UOL under the deed. UOL brought a construction summons to determine these questions at the behest of HM Attorney General (the second defendant). The first defendant was Professor John Prag, of the Univer...
