Topic: Trusts

U Ltd v B & ors [2011] JRC 131

B had created the W Settlement (the trust) in 1989 as one of a number of settlements created for the benefit of B, his three sisters, their issue and their remoter issue. As the settlor, B and any wife of his were expressly excluded from benefit under the trust (but not from the other family settlements).

B and his wife Q had been involved in divorce proceedings before the Family Division of the High Court (the English court) for three years. It was considered that the trust’s value (some £2.5m based on publicly available information) greatly exceeded the other settlements&#...

Helmsman Ltd & anr v Bank of New York Trust Co (Cayman) Ltd [2009] CILR 490

The defendant Bank of New York Trust Co (Cayman) Ltd (BNY Cayman) was sole trustee of the Beverley and Howden Settlements from June 1999 until February 2005 and trustee of the London Settlement from March 2000 until November 2002. The first plaintiff, Helmsman Ltd (H(1)), is a Bermudian company and now the sole trustee of the Beverley and Howden Settlements. The second plaintiff, the Hotham Trustee Co Ltd (H(2)), is an English company and the sole trustee of the London Settlement. The Beverley and Howden Settlements (the UK settlements) provide that the proper law of the settlement is th...

Vimercati v BV Trustco Ltd & ors [2012] EWHC 1410 (Ch)

The claimant, Ambra (A), who had been a beneficiary under the MBV Trust, disputed the price obtained by BV Securities for its 20% shareholding in Air Italy in view of certain subsequent transactions involving Meridiana and Air Italy Holdings, a company in which the third defendant and protector of the trust (G) had an interest through his investment holding company. A also threatened breach of trust proceedings against the trustees. G and the fourth and fifth defendants, his wife and son, remained beneficiaries under the trust but A’s interest had been severed under a deed of appoi...

Re D 576 of 2005

Mrs D had lost her mental capacity and a committee of guardians was appointed by the court to look after her financial affairs including her interest as primary beneficiary of a Cayman Islands family trust. Before she lost capacity Mrs D entered into a settlement agreement (the peace accord) with her family, settling many years of litigation in the Cayman Islands. Two of the committee of guardians (the other members of the committee were conflicted by reason of their own interest in the settlement agreement) applied to the Grand Court under the Mental Health Law (1997 Revision) ...