The Weekly Law Reports
[1968] 3 WLR 786
[COURT OF APPEAL]
In re
WESTON'S SETTLEMENTS
WESTON v. WESTON AND OTHERS
[1967 W. No. 4242]
1968 July 17,
18,
31
LORD DENNING M.R., HARMAN and DANCKWERTS L.JJ.
Trusts
— Variation
— Act of 1958
— Tax advantage
— English settlements on infant and unborn beneficiaries
— Settlement funds subject to heavy tax on a disposition
— Proposal to transfer trust funds to Jersey on identical settlements subject to Jersey law
— Tax advantage requiring appointment of new trustees resident in Jersey in place of English trustees and residence of existing beneficiaries in Jersey
— Settlor and beneficiaries having short period of residence in Jersey
— Adult beneficiaries
— Evidence of intention to make Jersey permanent home
— Whether court should exercise discretion to appoint trustees resident outside United Kingdom
— Whether exercise confined to reasons connected with trust
— Discretion to approve tax-saving variation
— Whether necessity to consider detriment to infant and unborn beneficiaries or removal outside jurisdiction
— Whether “expedient” to appoint new trustees
— Whether variation “fit” for court to approve
—
Trustee Act, 1925 (15 Geo. 5, c. 19), s. 41
—
Variation of Trusts Act, 1958 (6 & 7 Eliz. 2, c. 53), s. 1.