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ARTICLE · 25 APRIL 2001

Gift To Trust Completed Before It Is Vested

British Virgin IslandsTax
John Korzeniowski
John Korzeniowski

T. Choithram International S.A. v. Pagarani

(On Appeal to the Privy Council from the BVI Court of Appeal)

The case raised an old question: "when is a gift completed" – but with a new twist.

The donor, a devout Hindu had 14 children by two marriages. His businesses were outstandingly successful and by 1989 most of them were under the control of four companies. He was also a very generous man and gave much to charity.

Having made generous provision for his first wife and children, he intended to leave much of the remainder of his wealth to charity by setting up a foundation to serve as an umbrella organisation to the charities he had already established and which would receive most of his assets on his death.

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