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ARTICLE · 06 FEBRUARY 2015

Guidance On The Approach To Trust Mistake Cases Based On Popular Tax Planning Schemes

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When seeking to set aside a transaction on the basis of mistake in Guernsey where the underlying reason that the transfer took place was to engage in legitimate tax planning methods the Royal Court is unlikely to find that this would be a public policy reason justifying the refusal of the relief.

JerseyWealth Management

A recent judgment has made clear that when seeking to set aside a transaction on the basis of mistake in Guernsey where the underlying reason that the transfer took place was to engage in legitimate tax planning methods the Royal Court is unlikely to find that this would be a public policy reason justifying the refusal of the relief. This is a decision which will be of particular interest to lawyers and other advisors considering the possibility of such applications succeeding.

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