The Court was asked whether foreign shares held on trust were taxable as on a succession on the death of the beneficiary of the trust.
Held: The proper law of a marriage settlement ‘can only be the law by reference to which the settlement as made and which was intended by the parties to govern their rights and liabilities’. Though the governing law may be changed with the concurrence of the beneficiaries, it is not changed merely by a change in circumstances such as a change in the trusteeship.
Citations:
[1945] Ch 78
Statutes:
Jurisdiction:
England and Wales
Cited by:
Cited – Gomez and others v Vives CA 3-Oct-2008
The claimant appealed a finding that the court did not have jurisdiction over income payable to a trust governed by English law under which the claimant was beneficiary.
Held: The appeal failed in part. Because Article 5 is in derogation from . .
Cited – Akers and Others v Samba Financial Group SC 1-Feb-2017
Saad Investments was a Cayman Islands company in liquidation. The liquidator brought an action here, but the defendant sought a stay saying that another forum was clearly more appropriate. Shares in Saudi banks were said to be held in trust for the . .
Lists of cited by and citing cases may be incomplete.
Trusts
Updated: 18 July 2022; Ref: scu.276694