Bhaur & ors v Equity First Trustees (Nevis) Ltd & ors WTLR(w) 2022-01

Wills & Trusts Law Reports | Web Only

Mackay v Wesley WTLR(w) 2021-03

Wills & Trusts Law Reports | Web Only

Trustees: Mistaken loyalty

Those taking on a trusteeship must be fully informed. Graeme Kleiner, Hugh Gunson and Thomas Watts discuss Mackay, which develops the grounds on which such appointments can be set aside The claimant’s acceptance of her appointment could be severed from the DORA without offending the rule against partial rescission and without operating unfairly on any …
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Hartogs v Sequent [2020] WTLR 505

Wills & Trusts Law Reports | Summer 2020 #179

The first defendant was trustee of two trusts established by the claimant and named The Milky Way Settlement Trust (Milky Way) and the Mercurius Settlement (Mercurius). Each of the second and third defendants was a company wholly owned by the first defendant as trustee. The trusts were established by the claimant following estate planning advice given to him by professional advisers at Attendus Trust Company AG (Attendus).

Milky Way was part of an offshore trust structure, established in 2009 by the claimant to acquire and hold property in England for the occupation of the claiman...

Trustees and mistake: Where are we now?

Laura Abbott reviews recent case law to discern current attitudes towards rectifying a genuine mistake ‘If a trustee takes advice which later proves to be incorrect, Hastings-Bass is unlikely to relieve the trust of the financial consequences, but the broadened rule of mistake may (in some limited cases) serve to do so, depending on the …
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Mistake: Facing the consequences

In Freedman v Freedman, Clare Stanley QC analyses HMRC’s arguments against rescission of a voluntary disposition due to mistake ‘Practitioners need to bear in mind for the future that HMRC may challenge cases of unintended tax consequences concentrating on the gravity of the mistake.’ This article examines the recent decision of Mrs Justice Proudman in …
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