Lynsey McIntyre, partner, McDermott Will & Emery, 26/05/2021
Lynsey McIntyre
The 2020 Privy Council decision of Webb v Webb has brought into sharp focus the extent to which a settlor of a trust can reserve powers over a trust.
Webb is the most recent example of cases attacking the validity of trusts because the settlor has retained too much control, such that:
- The settlor has failed to divest themselves of their beneficial interests in the trust assets; or
- The trust la...
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