SwissIndependent Trustees SA v Sofer & ors [2023] WTLR 329

Wills & Trusts Law Reports | Spring 2023 #190

The claimant, a Swiss corporation, was the sole trustee of three discretionary trusts named as the Gabri, Puyol & Xavi trusts (the trusts) which had been created via a British Virgin Islands (BVI) company by Hyman Sofer (the settlor) in 2006. The trusts, though expressed to be governed by English law, were set up in Australia and a holding vehicle called the Jordi Unit Trust was used to channel the investments. Neither the settlor nor his children or remoter issue originally figured as settlor and beneficiaries, though they were later added to the classes of ‘Specified Beneficiaries’...

Case study: Rent reviews

Clive Adams and Stathis Kosteletos consider a case where an index-linked rent review clause led to the rent increasing exponentially throughout the term of the lease When drafting agreements with clauses that are complex and do have mathematical elements to them, it is important to consider the wording of the agreement to ensure that they …
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