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Trusts & Trustees Advance Access originally published online on April 16, 2009
Trusts & Trustees 2009 15(4):235-240; doi:10.1093/tandt/ttp021
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© The Author (2009). Published by Oxford University Press. All rights reserved.

What is a ‘fraud on a power’ in the context of trusts

Basel Trust Corporation v Ghirlandina Anstalt et al [2008] JRC013

Alon Kaplan*, David I Faust** and Yigal Harkavy***

*Alon Kaplan, Alon Kaplan Law Firm, 1 King David Blvd., 64953 Tel Aviv, Israel. Tel: 972-3-6954463; Email: alon{at}kaplex.com. Mr Kaplan is currently the President of the Israeli branch of the Society of Trust and Estate Practitioners, having founded it and served as its Chairman for the first decade of its existence
**David I Faust Esq., Faust and Oppenheim LLP, 488 Madison Avenue, 17th Floor, New York, NY 10022, USA. Tel: +1 212 751 7700; Email: davidfaust{at}frolaw.com. David I Faust has been a member of the New York Bar for more than 40 years. His trust, estate and tax work regularly involves considerations of the laws of multiple jurisdiction.
***Yigal Karkavy, 21 King David St, Tel-Aviv 64954, Israel. Tel: +972 (0)3 6963446; Email: y.harkavy.03{at}Cantab.net. Yigal Harkavy graduated from Cambridge University in 2006, and qualified an Israeli advocate in 2007.

What exactly is a ‘fraud on a power’? How is the concept to be applied? This case note looks at the answers in light of the decision in the Jersey Royal Court's judgment in Basel Trust Corporation v Ghirlandina Anstalt et al.


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