Sham trusts | Practical Law

Sham trusts | Practical Law

This practice note explains what a sham trust is, with examples from case law. It considers the elements of intention and standard of proof necessary to show that a trust is a sham, and the consequences if it is found to be one. It lists practical steps that can reduce the chances of a trust being attacked as a sham.

Sham trusts

Practical Law UK Practice Note 6-383-2143 (Approx. 17 pages)

Sham trusts

by Jonathan McDonagh, Serle Court based on original material by Frank Hinks KC, Serle Court and Emma Hargreaves, Serle Court
Maintained • England, Wales
This practice note explains what a sham trust is, with examples from case law. It considers the elements of intention and standard of proof necessary to show that a trust is a sham, and the consequences if it is found to be one. It lists practical steps that can reduce the chances of a trust being attacked as a sham.