Re Ball's Settlement Trusts

JurisdictionEngland & Wales
Date1968
Year1968
CourtChancery Division
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38 cases
3 firm's commentaries
  • Trust Resettlement Series: Amending The Trust Deed
    • Australia
    • Mondaq Australia
    • 2 June 2022
    ...on that power. See also discussion in Darrell Barnett, "Resettlement: finding the new charter of rights" (2006) 80(4)ALJ254. 11. [1968] 2 All ER 438. 12.Kearns and Another v Hill and Others(1990) 21 NSWLR 107 at 110-111 (Meagher JA; Clarke and Mahoney JJA agreeing). See alsoRe McGowan & Val......
  • FSR GPS: The Substratum Rule In Superannuation
    • Australia
    • Mondaq Australia
    • 14 February 2023
    ...EWHC 726 (Ch). 6. Wong We-Young & Ors v. Grand View Private Trust Company Ltd [2022] UKPC 47 at [1]. 7. Re Ball's Settlement Trusts [1968] 2 All ER 438 (at 8. Wong We-Young & Ors v. Grand View Private Trust Company Ltd [2022] UKPC 47 at [99]. 9. Wong We-Young & Ors v. Grand View Private Tru......
  • Trust resettlements: Tax Commissioner withdraws 'Statement of Principles'
    • Australia
    • Mondaq Australia
    • 25 May 2012
    ...in the Statement of Principles, resettlement cases have focussed on the concept of a trust having a substratum. In Re Ball's Settlement [1968] 1 WLR 899, Megarry VC 'If an arrangement changes the whole substratum of the trust, then it may well be that it cannot be regarded as merely varying......
2 books & journal articles
  • Variation of Trusts: Settlors' Intentions and the Consent Principle in Saunders v Vautier
    • United Kingdom
    • The Modern Law Review No. 60-5, September 1997
    • 1 September 1997
    ...of trusts under the Act operates in the same way asSaunders vVautier.11 Re Holt’s Settlement [1969] 1 Ch. 100, 120; Re Ball’s Settlement [1968] 1 WLR 899, 905; Spens vIRC [1970] 1 WLR 1173, 1184. See Goulding vJames [1997] 1 All ER 239, 247.12 In IRC vHolmden, the House of Lords was concern......
  • Ending or Changing a Trust
    • Canada
    • Irwin Books The Law of Trusts Express Trusts
    • 21 June 2014
    ...by its Committee on the Modernization of the Trustee Act , BCLI Report No 25 (Vancouver, BC: British Columbia Law Institute, 2003). 35 [1968] 2 All ER 438 at 442 (Ch). THE LAW OF TRUSTS 102 will be taken in determining whether the proposed arrangement is consistent with the dominant intenti......

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