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The BVI Court of Appeal has recently allowed an appeal concerning a trustee’s failure to account and breach of trust.[1] The breach of trust arose as a result of the trustee making an appointment of the trust assets without considering all relevant circumstances. In overturning the decision, the Court noted that if a settlor transfers … Read more
The Royal Court of Jersey has recently heard the second application under the Foundations (Jersey) Law 2009 (the “Foundations Law”). The Application was from a trust company in its capacity as the sole council member of a set of foundations (the “Foundations“). The trust company sought directions as to whether it could amend certain provisions … Read more
A joint statement issued by the United States and Singapore suggests that US authorities are seeking to accelerate off-shore tax enforcement aimed at US accountholders and financial institutions in Singapore. A joint statement was issued on 2 August 2016 to coincide with Singapore’s Prime Minister Lee Hsien Loong’s state visit to the United States, announcing … Read more
In the recent decision of the Royal Court of Jersey In the Matter of the Z Trust [2016] JRC 048, the Royal Court declared voidable and set aside the appointment of trustees based in the UK by the settlor of a Jersey trust. The court did so on the grounds that the settlor either made … Read more
In the recent Jersey case of Attorney General v Rosenlund [2016] JRC 062, the Royal Court of Jersey granted an application by a discretionary beneficiary of a trust to strike out the Jersey Attorney General’s application for a saisie judiciaire (a Jersey variant on a freezing order granted in support of a confiscation order made … Read more
Herbert Smith Freehills has published the final of our white papers in the run-up to the Transcontinental Trusts: International Forum 2016, taking place in Bermuda on 9 & 10 May 2016. Herbert Smith Freehills is the Thought Leadership Partner to the Forum. Our final white paper, "Trusts – Where are we now?", is available to download here. Our … Read more