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Trusts: Art 47E, Setting Aside Transfers; Court’s Limits

In the matter of the Indigo Trust [2023] JRC 047 – This application under Article 47E of the Trusts (Jersey) Law 1984 for the setting aside of a mistaken transfer of property into trust again explored the limits of the Court’s powers to make orders regarding the effect of a transaction.  The mistake was as to the timing of the disposition and the adverse IHT consequences that followed, the transfer into trust having been made when the settlor was deemed domiciled in the UK but only a few days before he would have actually ceased to deemed domicile.  The Court acceded to the settlor’s application to set aside his disposition of property into trust, with the effect that the trust had never been created.  But the Court declined to declare that a transfer that had subsequently been made by the settlor, in his capacity as resigning trustee of the trust, to the replacement trustee was effective from that date to create a trust on the terms of the original trust.