In re Neil Ashley (1990) Settlement v [2003] JLR_Note 9 (14 February 2003)
The court held that a variation of trust that results in tax avoidance can be considered 'for the benefit of' the beneficiaries under Jersey law.
- Parties
- Applicant: Neil Ashley (1990) Settlement
- Jurisdiction
- Jersey
- Judgment Date
- 14 February 2003
- Procedural Posture
- Trust Variation Application / Judgment
- Outcome
- application granted
- Legal Topics
- Variation of Trusts, Benefit of Beneficiaries, Tax Avoidance
Case Brief
Summary, issues, holding and outcome
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Parties
Neil Ashley (1990) Settlement
Applicant
Procedural Posture
Trust Variation Application / Judgment
Legal Issues
- 1 Whether the proposed variation of the trust is 'for the benefit of' the beneficiaries under the relevant law, particularly in the context of tax avoidance
Ratio Decidendi
The court held that a variation of trust that results in tax avoidance can be considered 'for the benefit of' the beneficiaries under Jersey law.
Court Disposition
application granted
Orders
- Variation of the Neil Ashley (1990) Settlement approved as being for the benefit of the beneficiaries.
Full Case Text
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