In re Neil Ashley (1990) Settlement v [2003] JLR_Note 9 (14 February 2003)

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

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Parties

Neil Ashley (1990) Settlement

Applicant

Procedural Posture

Trust Variation Application / Judgment

  1. 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.