The English Court of Appeal considers the governing law of trusts and the Hague Trusts Convention

Abstract

In an appeal from a decision of the Chancellor, the English Court of Appeal had to undertake a close analysis of the Hague Trusts Convention. The appeal raised some important questions as to the law applicable to and the validity of trusts that purport to comprise shares registered in civil law countries, whose laws do not themselves recognize either the trust concept or the division of a legal and beneficial interest.