In re Douglas v [2000] JLR 73 (03 April 2000)

In re Douglas v [2000] JLR 73 (03 April 2000)

The court held that avoidance, minimization or deferral of taxation is a benefit of the nature contemplated by the relevant trust law, and there is no reason for the court to refuse approval of the variation.

Citation
[2000] JLR 73
Parties
Applicant: Douglas
Jurisdiction
Jersey
Judgment Date
03 April 2000
Procedural Posture
Trust Variation Application / Judgment
Outcome
variation approved
Legal Topics
Variation of Trusts, Benefit Under Trust, Tax Avoidance
Trust Law Variation of Trusts Benefit Under Trust Tax Avoidance

Case Brief

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Parties

Douglas

Applicant

Procedural Posture

Trust Variation Application / Judgment

Legal Issues

  1. 1 Whether avoidance, minimization or deferral of taxation can constitute a benefit for the purposes of approving a variation of trust

Ratio Decidendi

The court held that avoidance, minimization or deferral of taxation is a benefit of the nature contemplated by the relevant trust law, and there is no reason for the court to refuse approval of the variation.

Court Disposition

variation approved

Orders

  • variation of trust approved