18 May 2020
Mackay v Wesley; (ChD)
The claimant had been appointed trustee of a family trust after it had divested itself of most of its assets. The trust had carried out offshore tax planning and HMRC sought to recover a debt of £1.6 million from the claimant. The Master held that the grounds for undue influence were made out but refused to rescind the appointment as that was an act of the prior trustees rather than of the claimant.
Thomas Chacko acted for the claimant, instructed by Charles Russell Speechlys.
The decision can be viewed here.
This content is provided free of charge for information purposes only. It does not constitute legal advice and should not be relied on as such. No responsibility for the accuracy and/or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by any member of PCTC or by PCTC as a whole.