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【Wealth Succession】TRUSTS: Trustees rely on deeds of indemnity to defeat beneficiary’s claim

The England and Wales High Court has struck out a breach of trust claim brought against a Swiss trustee corporation by the beneficiary of a family trust set up in the Australian state of Victoria. The beneficiary sought recovery of large sums paid by the trustees to the settlor, who was the claimant’s father. The matter turned in part on which jurisdiction’s law governed the validity of deeds of indemnity signed by the beneficiaries, and which the trustees relied upon to avoid liability (Sofer v Swissindependent Trustees SA, 2019 EWHC 2071 Ch).