Equity & Trusts: Influential Case Law Precedents set in 2018

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Global law firm Baker & McKenzie have published some of the most influential rulings for international trust disputes during 2018 that set the precedent for trusts worldwide.

Dominion v Montpellier was a case originating from the Isle of Man regarding the rights and obligations of departing trustees and how they can be legitimately replaced by new ones.

Investec Trust (Guernsey) Limited v Glenalla Properties Limited, succeeds and repeals UK (Jersey) Trust Law 1984 as decided by the Privy Council in the UK; setting the English precedent and legal principle that a trustee assumes full liability for any debts suitably acquired for the benefit of the trust.

M v St Anne’s Trustees Limited, is a case regarding the taxation of trusts. The Court of Appeal in Guernsey agreed to strike down any transactions whereby the trustee had allowed a large tax debt to amount regarding the trust property.