Power balance - Settlor reserved trust powers following Webb

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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