Trust validity: Oh what a tangled Webb we weave

Tom McPhail reports on the Privy Council decision in Cook Islands case Webb which scrutinises the trust structure and the true reach of the settlor If the powers retained by a settlor are so extensive and of such a nature that they amount to an uncontrolled power to recover the trust property, then the settlor’s …
This post is only available to members.

Trusts: Lost in translation

Ross Pizzuti-Davidson looks at interpreting foreign law concepts in English law trusts The court’s judgment in PTNZ in relation to the protector’s role may be a welcome clarification given the surprising lack of authority on the point of whether a protector’s consent rights are joint or review powers. International estate planners can find themselves playing …
This post is only available to members.

Family and trusts: Forewarned is forearmed

Claire Blakemore and Jemma Thomas explore how the courts consider assets held in trust upon divorce ‘The cases provide helpful insights into how trust structures will be viewed on divorce, so that we can discern tips and practice points on creating and managing trusts most effectively.’ The court’s approach to assets held in trusts seems …
This post is only available to members.