Commentary

I5.1002 Case law relating to taxation of trustees

IHT, trusts and estates

I5.1002 Case law relating to taxation of trustees

I5.1002 Case law relating to taxation of trustees

The decisions of a trustee can adversely impact on the tax position of the trust. A number of decided cases have attempted to determine to what extent trustees should be held responsible for such decisions.

In Abacus Trust Co (Isle of Man) Ltd v NSPCC1, the trustee and protector of a settlement (the claimants) sought to have a deed of appointment that had been executed in favour of the NSPCC declared void ab initio. The claimants stated that the trustee, through its directors, failed to give regard to legal advice, which warned that

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