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Re Q Trusts

[2010] Ground CJ

Court: Overseas
Date of Judgment: 16.04.10
Frank Hinks QC

After the death of his first wife a businessman declared two family trusts governed by the law of Bermuda.  During his lifetime he was the sole beneficiary.  After his death the trusts funds were to be held on trust for his children, grandchildren and remoter issue.  He then remarried.  After his death proposals were put forward for the rearrangement of the two trusts and his testamentary trust.

When first instructed, Frank Hinks QC identified the issue as to whether the family trusts were invalid as testamentary dispositions revoked by the second marriage, and representing members of the family successfully argued before the Chief Justice in support of invalidity, thereby causing the trust funds to fall into the testamentary trust with highly satisfactory tax consequences.

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