Sinéad Agnew, ‘The reservation of powers by settlors: intention and illusion’

“In Webb v Webb [2020] UKPC 22, the Privy Council held inter alia that the reservation of powers by the settlor of two discretionary trusts was so extensive that the trusts were invalid. In matrimonial proceedings in the Cook Islands, Mrs Webb had contended that the Arorangi Trust and the Webb Family Trust, both of which were effectively settled by Mr Webb, were invalid, with the result that the trust assets were available for division as matrimonial property. Her two key arguments were that Mr. Webb had never intended to alienate the beneficial interest in the trust assets, alternatively the trusts were shams …”

Sinéad Agnew, The reservation of powers by settlors: intention and illusion, Cambridge Law Journal, Volume 80, Issue 1, March 2021, pp 18–21.

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