In re Weston’s Settlements

Subject Matter

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, s 41 — Variation of Trusts Act, 1958, s 1

[1969] 1 Ch 223; [1968] 2 WLR 1154

Appellate History