Discretionary Trusts in UK Law

  • Breakspear and Others v Ackland and another
    • Chancery Division
    • 19 Febrero 2008
    ...... of the widespread use of wish letters in connection with discretionary trusts, and the uncertainty whether and to what extent they should ......
  • Schmidt v Rosewood Trust
    • Privy Council
    • 27 Marzo 2003
    ...... of the world (including countries which have no indigenous law of trusts) to place funds at their disposition into trusts (often with a network of ... of discovery in the 1998 proceedings but by virtue of the discretionary interests or expectations which the appellant claims that he himself has, ......
  • Pitt and Another v Holt and Another Futter and Another v Futter and Others
    • Supreme Court
    • 09 Mayo 2013
    ...... of the century there have been several cases concerned with family trusts, and in particular with tax–planning arrangements involving trusts, ... the rule did not require the granting of a remedy which was discretionary in the sense that it might be withheld because some equitable defence was ......
  • McPhail v Doulton, sub nom Re Baden's Deed Trusts (No 1)
    • House of Lords
    • 06 Mayo 1970
    ......Whether the trust is discretionary or not the Court must be in a position to control its execution in the interests of the objects of the trust. Where there is a mere power entirely ......
  • Tasarruf Mevduati Sigorta Fonu v Merrill Lynch Bank and Trust Company (Cayman) Ltd and Others
    • Privy Council
    • 21 Junio 2011
    ...... appoint receivers over a judgment debtor's power of revocation of trusts established by him in the Cayman Islands under Cayman law, the assets of ... 4 TMSF learned that Mr Demirel had established two discretionary trusts in the Cayman Islands, with assets of some US$24 million. For ......
  • Chapman and Others v Chapman and Others
    • House of Lords
    • 25 Marzo 1954
    ...... of Justice has an inherent jurisdiction in the execution of the trusts of a settlement to sanction on behalf of infant beneficiaries and unborn ...By reason of the discretionary trusts for the common maintenance of Mr. Robert Macgowan Chapman's ......
  • Charman v Charman (No 2)
    • Court of Appeal (Civil Division)
    • 24 Mayo 2007
    ...... the judge included £68 million held within an off-shore discretionary trust known as The Dragon Holdings Trust (“Dragon”). The husband had ... of Ace (and other) shares not only by him but also by the two trusts of which he was the settlor would thenceforward attract Capital Gains Tax ......
  • Shalson and Others v Russo and Others; Mimran and Another (Part 20 Claimants)
    • Chancery Division
    • 11 Julio 2003
    ...... solely by Cantrust and purported to re-settle, on wide discretionary trusts as to capital and income, the assets formerly held by it in three ......
  • Vestey v Commissioners of Inland Revenue (no 1)
    • House of Lords
    • 22 Noviembre 1979
    ...... to trustees resident outside the United Kingdom to hold upon the trusts of the settlement. . . There is no doubt that this was a transfer ..., the judge was clearly right: they were simply members of a discretionary class to which income, or capital, might in the discretion of other ......
  • O'Sullivan v Management Agency and Music Ltd
    • Court of Appeal (Civil Division)
    • 14 Febrero 1984
    ...... entitled to profits from the company as beneficiaries of discretionary trusts in which their wives and families also had interests. Although this ......
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