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Balance of Power: Settlor Reserved Trust Powers Following Webb | McDermott Will & Emery

OVERVIEW In 2017, the English High Court decision of Mezhprom v Pugachev caused ripples in the trusts world as to the extent to which a settlor of a trust can reserve powers for the trust to be considered valid. Several commentators dismissed the decision as an anomaly. However, the Privy Council’s 2020 decision in Webb v Webb suggests that courts in common law jurisdictions may be more inclined to strike down a trust as invalid if the settlor’s powers go too far. The cases discussed below ...
New Zealand Cook Islands Cayman Islands Claytonv Clayton Webbv Webb Mezhpromv Pugachev

NZ: Webb v. Webb and Settlor Reserved Trust Powers

Wednesday, April 28, 2021 In 2017, the English High Court decision ofĀ  Mezhprom v PugachevĀ caused ripples in the trusts world as to the extent to which a settlor of a trust can reserve powers for the trust to be considered valid. Several commentators dismissed the decision as an anomaly. However, the Privy Council’s 2020 decision in Webb v Webb suggests that courts in common law jurisdictions may be more inclined to strike down a trust as invalid if the settlor’s powers go too f...
New Zealand Cook Islands Cayman Islands Claytonv Clayton Webbv Webb Mezhpromv Pugachev

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