First Mistake Case Post Trust Law Amendment No: 6 ​— In the matter of Strathmullan Trust [2014] JRC 056

This decision is the most recent Jersey decision to consider setting aside a trust on the ground of mistake and the first Jersey case decided after the introduction of the recent amendments to the Trusts (Jersey) Law 1984, which included provisions concerning mistake.

The settlor sold his share in the family business and settled the proceeds into a Jersey trust as part of a move to the Isle of Man. Despite having taken tax advice, the settlor was not told that under English deemed domicile rules he would continue to be treated as UK resident and domiciled for up to three years (regardless of the fact that he had elected the Isle of Man as a domicile of choice), triggering tax liabilities accounting for 25 per cent of the trust fund…

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