This webinar will provide an in-depth study of the too often-overlooked role of the settlor.
This webinar, which will conclude with a question and answer section, will focus on:
- The extent to which trustees can rely on or refer to the settlor’s intentions with reference to Clement v Lucas; McLaughlin v McLaughlin and Judd v Cowley
- The memoranda of wishes when a trust is settled by a nominee settlor or someone other than the “true” settlor
- Settlor control – when does it go too far? Mezhprom Bank v Pugachev
- Settlor trustees – how much weight does this carry?
- When settlor’s lose control – what does it mean to have been the settlor?
- The obligations advisers will owe settlors under the Trusts Act 2019
OTHER TOPICS COVERED
- Nominee settlors
- Settlor’s obligations for tax
- When a beneficiary will be treated as a settlor for tax purposes
- Resulting trusts – what happens to the trust’s assets if a trust fails
The role and rights of the settlor can be overlooked and underappreciated.
This insightful webinar will cast new light on settlors and how the position of settlor and the settlor’s wishes should be promoted and protected moving forward. The webinar will also consider the double-edged sword that control represents and whether it is still correct for trustee/settlors, as paraphrased from Vervoort v Forrest where it was stated that “traditional trust principles of unanimity and non-delegation … must bend to the practical realities when one trustee is in absolute control of all trust activities and the other trustees have effectively abdicated their trustee responsibilities”.
This will be measured against the recent cases including:
- Triezenberg v Mason where the settlor was removed as a trustee and later the appointor, and had costs awarded against him on account of defending his removal as a trustee and the removal of the appointor powers
- Clement v Lucas where the court looked beyond the trust deed to the settlors’ intention
- McLaughlin v McLaughlin (the Court will usually have regard to a settlor’s wishes as to the identity of trustees, particularly in the context of a family trust)
- Judd v Cowley where the Court recorded the settlor’s observation “What the hell does this mean?”
ORIGINAL BROADCAST DATE
24 June 2020
Attendees will learn:
- Who can give a memorandum of wishes
- The risks of too much control
- Losing control
- When and how trustees can comply with the settlor’s intentions
- The role of the advisor in conveying / recording settlor intention
- The full parameters of the role of the settlor
- The provision of the Trusts Act 2019 that relate to settlors
- The importance of differentiating between the settlor and the trustees as clients
This webinar is targeted at all practitioners at all levels but will be of particular interest to practitioners who advise clients who are establish new trusts or who deal with on-going trust administration (including lawyers, accountants, conveyancers and professional trustees).
Vicki Ammundsen, Director, Vicki Ammundsen Trust Law Limited