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United Kingdom trust deedterminationvesting of assets

Scottish case of Dooneen Ltd v Mond

[2018] UKSC 54; [2018] 1 WLR 5749; [2019] 1 All ER 895
JurisdictionUnited Kingdom
CourtSupreme Court of the United Kingdom (on appeal from the Inner House, Court of Session, Scotland)
Year2019
StatusBinding authority

Key Principle

Where a trustee under a (protected) trust deed for creditors makes what he declares to be a final distribution that triggers the termination provisions of the deed and is duly discharged, any asset of the debtor that had vested in the trustee but was not in fact distributed reverts to (or remains with) the debtor, and the trustee and creditors can assert no claim to it.

Area of Law

General

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