Mistake: Forgiven, but not rewritten

Oliver Auld reviews the scope of the Jersey courts to set aside a voluntary disposition or other transaction on the grounds of mistake While the court accepted that Art 47G gave it a flexible decision-making power to determine the extent to which a voidable exercise of power has effect, the court was not persuaded that …
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Lehtimaki v CIFF [2018] EWCA Civ 1605

Wills & Trusts Law Reports | Summer 2018 #172

The Children’s Investment Fund Foundation (UK) (‘CIFF’) was incorporated as a company limited by guarantee without a share capital on 8 February 2002 with the aim of improving the lives of children in developing countries. It had been founded by two of the respondents, Sir Christopher Hohn and his then wife, Jamie Cooper. Each of them, both of whom were members and trustees, had contributed to the charity’s success. The only other member, though not a trustee, was the Appellant. The present litigation had its origins in the breakdown of the relationship between Sir Christopher Hohn and J...

South Downs Trustees Limited v GH [2018] EWHC 1064 (Ch)

Wills & Trusts Law Reports | Summer 2018 #172

The claimant was the trustee of an employment benefit trust (the EBT). The trustee had an interest in a company that owned and controlled a business (the utility). The beneficiaries of the EBT were the former and current employees of the utility and other group companies and their dependants. The trustee entered into a sale and purchase agreement for the sale 
of the EBT’s interest in the company, conditional upon certain relief from the court. Following the sale, there would be a distribution of the trust property amongst various beneficiaries.


The following orders we...

Trustees: Setting the scope of relief

Mathew Newman and Abby Lund review Guernsey‘s first written judgment on the rule in Hastings-Bass ‘The court ultimately held that any breach of duty by a trustee was capable of being treated as enabling the court to intervene and exercise the Hastings-Bass jurisdiction to set aside the relevant act or transaction, if the court was …
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Trustees: Clear blue water

Gillian Christian highlights a landmark Isle of Man judgment that casts doubt on Pitt v Holt [2013] ‘The principle behind Hastings-Bass refers to the jurisdiction of the court to intervene and set aside a transaction entered into by a trustee (and all fiduciaries) on the grounds of “inadequate deliberation” in the exercise of a discretion.’In …
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In the matter of F Trust –

Wills & Trusts Law Reports | June 2016 #160

The applicants, three trustees of the F Trust and the A Settlement (the trusts), applied, pursuant to s47A of the Trustee Act 1975 and/or the inherent jurisdiction of the Court, to set aside deeds of appointment and retirement of trustees executed in 2005 and 2008, respectively, to the extent that they appointed the first defendant as a trustee.

The F Trust and the A Settlement were established in Bermuda with the same corporate trustee in 1958 and 1968 respectively. Individual trustees were subsequently appointed. The first defendant, a British resident, was app...

Van Der Merwe [2016] EWHC 790 (Ch)

Wills & Trusts Law Reports | June 2016 #160

The claimant and first defendant were husband and wife and joint freehold owners of a property in the UK where they lived. Up until March 2006 the claimant and first defendant were treated as domiciled in South Africa. However, from 6 April 2006 they would be treated as domiciled in the UK for inheritance tax purposes. In November 2005 the claimant took advice on mitigating the consequences of being treated as domiciled in the UK for the purposes of inheritance tax. He was advised that his position would be improved if he placed the property into an interest in possession settlement.


Blades v Isaac [2016] EWHC 601 (Ch)

Wills & Trusts Law Reports | May 2016 #159

The claimant was a member of a class of objects of a discretionary trust created by the will of Valerie Mary Lee who died on 19 June 2013. The defendants, who were partners in Tanners Solicitors LLP, were the trustees (including the sole proving executor). The relationship between the claimant and her elder sister (who had been added to the class of potential beneficiaries after the death of their mother) was affected by a history of strains between members of the family. The first defendant proved the will on 28 January 2014 in relation to an estate valued at £903,574. The second defend...

Tax: Victory for the taxpayer

Mary Ashley looks at Lobler v HMRC [2015], which has an interesting take on rectification ‘Taxpayers will now have to consider whether they should bother to go through the expense of rectification where the only party they are concerned about is HMRC, or if instead they should rely on Lobler.’ As the saying goes, ‘hard …
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Re the Onorati Settlement [2013] JRC 182

Wills & Trusts Law Reports | December 2015 #155

This was an application by two beneficiaries of the Onorati Settlement, a Jersey discretionary trust (the trust), to set aside a deed of appointment distributing the trust fund to them. The application was made under the so-called principle in Hastings-Bass on the basis that the trustee had failed to take into account considerations which they ought to have taken into account when exercising their discretion, namely the UK tax consequences of making the appointment. Their application was on the basis that the Respondent (the trustee) had failed to take adequate tax advice.