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.