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This article focuses on the use of private trust companies in connection with self-settled offshore trusts, the risks that may arise and measures that can be taken to avoid such risks.
Two recent cases, one in Australia, the other in New Zealand, serve to highlight the possibility that a Court may look through what is ostensibly a trust by virtue of the doctrine of sham or alter ego.
A recent decision of Lewison J has clarified the test to be applied by the Court of Protection when considering applications under the Mental Capacity Act 2005 for the execution of a statutory will on behalf of someone lacking testamentary capacity.
The purpose of this article is to examine the treatment of the Trust vehicle in two important Latin American Civil Law jurisdictions: Mexico and Colombia.
In this article Martin Day considers the complex case law that now exists defining the nature of fiduciary duties, 1 what remedies exist for their breach and how the application of such duties can be modified in practice. He also examines the position where fiduciary duties conflict with...
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