In the case of Mackay v Wesley, the court examined whether a trustee had been properly appointed.

The court looked at the effect of undue influence on an appointment of a trustee, and in this case held that it could be partially rescinded. In addition, the court found that an appointment of an individual as a trustee was not effective without that trustee accepting their appointment. The happy outcome of these conclusions was that a significant potential tax liability was avoided.

Charlie Maydon Grace has written an article on this case for Private Client Business, a leading publication for those involved in private client work. It appeared in the March edition at [2021] P.C.B. Issue 2, p.60.

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• Rescinding a Deed of Appointment (238.69KB)