Mazzoleni v Summerhill Trust Company (Isle of Man) Ltd [2021] WTLR 1409

Winter 2021 #185

In 1994, by a series of trust deeds, Mrs Pesenti established four settlements in the Isle of Man known as the RR1, RR2, RR3 and RR4 Trusts, each of which was for the benefit of one of her children and his/her heirs. The RR2 Trust (the trust), which alone formed the subject of this case, took as its beneficiaries the appellant and her issue born before the perpetuity date, together with two named charities. The dispositive provisions of the trust required the trustees to hold the trust fund and its income on discretionary trusts for all or such one or more exclusively of the others or oth...

AH v Greyco Ltd & anr [2021] WTLR 783

Autumn 2021 #184

The applicant (Mr AH) sought the disclosure of trust instruments and trust accounts for the Blue Settlement and the Overseas Distributors Benefit Trust (ODBT), having been ordered to procure and disclose the same to Mrs AH in separate divorce proceedings being heard by the Family Court in England. The trustees of the Blue Settlement (Greyco) gave evidence that Mr AH was the settlor of the Blue Settlement, though both he and his family members were excluded as beneficiaries. The trustees of the ODBT (ABC) gave evidence that neither Mr AH nor his family members were within the class of ben...

IFG International & ors v French 2012 CHP 0048

March 2013 #127

The four claimants were professional trustees of a total of nine trusts, all governed under Isle of Man law. Some of nine trusts were created for the benefit of Samuel Wyly and his immediate family and the remainder for his brother Charles Wyly and his immediate family.

Michael French, the defendant, was either a protector or a member of the committee of trust protectors for each trust. He retired from all these positions in December 2000.

Proceedings had been brought against Mr French and the Wyly brothers in New York by the US Securities and Exchange Commission (the SEC...