Mackinnon v Regent Trust Co. [2004] JLR 477 (06 December 2004)

Mackinnon v Regent Trust Co. [2004] JLR 477 (06 December 2004)

A sham trust exists only where there is a common intention of the settlor and trustee to mislead or deceive by not expressing their true intentions in the trust deed.

Citation
[2004] JLR 477
Parties
Applicant: Mackinnon; Respondent: Regent Trust Co.
Jurisdiction
Jersey
Judgment Date
06 December 2004
Procedural Posture
Civil / Judgment
Outcome
Judgment for respondent
Legal Topics
Sham Trusts, Intention of Donor, Trust Deed Interpretation
Trusts Sham Trusts Intention of Donor Trust Deed Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Mackinnon

Applicant

Regent Trust Co.

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 What constitutes a sham trust under Jersey law?
  2. 2 Is common intention to mislead or deceive necessary for a trust to be a sham?

Ratio Decidendi

A sham trust exists only where there is a common intention of the settlor and trustee to mislead or deceive by not expressing their true intentions in the trust deed.

Court Disposition

Judgment for respondent