22, 24 March 2010
START DATE
END DATE
16-Apr-10
BQ and CQ v. DQ EQ FQ and TRT
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
Supreme Court of Bermuda
CIVIL JURISDICTION
Richard Ground
Frank Hinks QC and John Riihiluoma
Robert Hildyard QC and Timothy Marshall John Martin QC and Jai Pachai Brian Green QC and Paul Smith
FACTS OF THE CASE:
Trusts set up in 1976 for Settlor's sons and grandchildren intended to take effect upon his death considered invalid due to retaining control over assets and intention for trusts to activate posthumously creating tax advantages
SUMMARY:
Whether trusts were valid or testamentary in nature due to Settlor's control and intention for them to take effect after his death
OUTCOMES:
Trusts found to be invalid during Settlor's lifetime and considered testamentary thus revoked upon Settlor's marriage and by his will
RULED IN FAVOUR OF:
Plaintiffs/Claimant
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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