- Jersey court unwinds de-enveloping arrangement which potentially fell foul of s 75A, FA 2003 (In the matter of the Avocado Trust)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Private Client analysis: In this Jersey case, the court held that a Nominee Agreement and Declaration of Trust used to implement a de-enveloping could be set aside on the basis that the trustee had made a mistake and had not taken into account relevant considerations under Articles 47G and 47H of the Trusts (Jersey) Law 1984 (being the statutory provisions enacting the Hastings-Bass principle in Jersey). Written by James Brockhurst, senior associate and Laura Blenheim, trainee solicitor at Forsters LLP. James is also a member of the LexisPSL Private Client Consulting Editorial Board.
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