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Welcome to Herbert Smith Freehills’ monthly private wealth industry updates in Asia. Every month we survey ten Asian jurisdictions for legal developments concerning trust and estate planning which are of interest to the private wealth industry, and provide a succinct summary in a table format. The jurisdictions covered in the update are Hong Kong, Singapore, … Read more
Summary In Dolce Vita Fine Dining Company Limited v Zhang Lan and others [2022] SGHC 278 the High Court of Singapore determined that assets held within a family trust structure were beneficially owned by the settlor of those trusts. In particular, although the Judge found that the settlor had executed documents putting these assets into … Read more
On 15 December 2022, the UK published the Russia (Sanctions) (EU Exit) (Amendment) (No. 17) Regulations 2022 (the “Regulations“) which amend the UK’s principal regulation imposing sanctions on Russia (the Russia (Sanctions) (EU Exit) Regulations 2019 (“Russia Regulations“)). This post just focuses on the impact of the amendments on trusts, however our colleagues in the … Read more
Jersey law ruling will have far reaching ramifications for trust administration in common law jurisdictions The Judicial Committee of the Privy Council (the Privy Council) in Equity Trust (Jersey) Ltd (Respondent) v Halabi (in his capacity as Executor of the Estate of the late Madam Intisar Nouri) (Appellant) (Jersey) ITG Ltd and others (Respondents) v Fort … Read more
The High Court has examined the circumstances in which a will can be set aside on the basis of fraudulent calumny and/or undue influence. This decision is relevant to those wishing to challenge the validity of wills on the basis they were procured improperly, and to those who are seeking to defend such a challenge. … Read more
In the latest decision to consider the Quincecare duty, the Board of the Privy Council has confirmed that the duty is limited to protecting the customers of a bank, and does not extend to protecting any third party beneficiaries of its customer’s accounts. In doing so, the Board dismissed a claim by an investment fund … Read more
In a recent judgment concerning the doctrine of mistake, Deputy Master Marsh explains the evidential hurdles a claimant will have to overcome before the Court will set aside trusts created as part of a tax avoidance scheme. In this case, the Claimants and their legal advisers failed to overcome those hurdles (and earned a relatively … Read more
Maryam Oghanna, Associate in the firm’s Disputes practice, has won the Young Practitioner of the Year Award at the 15th annual STEP Private Client Awards 2020. The STEP Private Client Awards are seen as the hallmark of quality within the private client industry, and have been described as “…the Oscars of our industry and the one … Read more
The multiplicity of laws to be complied with if trust and company service providers (TCSPs) operate in various jurisdictions, and the ever-changing regulatory landscape more generally can make it difficult for TCSPs to navigate and keep on top of their regulatory compliance obligations. Consistent with this, a clear majority of survey participants cited “general regulatory … Read more