Judgment
In re Abubaker Mohammed Megerisi and Protec Trust Management - Reasons for Decision
FSD 0079/2012 (ASCJ) · 2012-12-18
Whether the Cayman Islands had jurisdiction to rectify the trust after change of proper law under ss.89–90 of the Trusts Law; whether the omission of the trust corpus (the large GHL loan interests) resulted from a mistake satisfying the rectification test; whether convincing proof existed of the Settlor’s true intention at execution; whether delay raised any laches‑based bar; whether rectification was appropriate notwithstanding tax consequences; whether any alternative remedy existed or rectification was the only practical route to avoid inheritance‑tax exposure
Full metadata
| Cause Number | FSD 0079/2012 (ASCJ) |
|---|---|
| Court | CIGC (FSD) |
| Judge | Smellie CJ |
| Parties | In re Abubaker Mohammed Megerisi and Protec Trust Management - Reasons for Decision |
| Judgment Date | 2012-12-18 |
| Subject | Whether the Cayman Islands had jurisdiction to rectify the trust after change of proper law under ss.89–90 of the Trusts Law; whether the omission of the trust corpus (the large GHL loan interests) resulted from a mistake satisfying the rectification test; whether convincing proof existed of the Settlor’s true intention at execution; whether delay raised any laches‑based bar; whether rectification was appropriate notwithstanding tax consequences; whether any alternative remedy existed or rectification was the only practical route to avoid inheritance‑tax exposure |
| Filename (current) | 12-12-18-Abubaker-Mohammed-Megerisi-and-Protec-Trust-Management-In-re.pdf |