Abstract
This article considers recognition and enforcement of orders of the Family Division of the High Court varying a trust, or declaring it to be a sham and the assets held for its settlor, where the trustee and trust property are located outside the court’s jurisdiction. This will depend on private international law principles in the trustees’ home jurisdiction, which, assuming the trustee is not based in a Brussels Regulation or Lugano Convention State, are likely to be based on, and similar to, common law principles applicable in England and Wales, which is the focus of this article.
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