Trust declarations and creditor protection in insolvency: lessons from Wade and Anor v Singh and Ors.

Mak, Charles Ho Wang

Abstract

The High Court case Amanda Wade and Nicholas Nicholson (Joint Liquidators of Msd Cash and Carry Plc (In Liquidation)) v Mohinder Singh, Surjit Singh Deol, Raminder Kaur Deol, the Estate of Bakshish Kaur (Deceased) ('Wade and Anor v Singh and Ors') examined the validity of a Declaration of Trust and enforcement of charging orders in a corporate insolvency. Involving a property owned by family members of a liquidated company, the case explored the intersection of trust law, property rights and creditor protection. The court invalidated the Declaration as an attempt to defraud creditors under the Insolvency Act 1986. This case emphasises the importance of clear intent in trust declarations and reinforces creditor rights protection in insolvency proceedings. The case underscores the need for specialist legal advice in property and trust matters, particularly when creditor claims may arise.

Citation

MAK, C.H.W. 2024. Trust declarations and creditor protection in insolvency: lessons from Wade and Anor v Singh and Ors. Trusts and trustees [online], Advance articles. Available from: https://doi.org/10.1093/tandt/ttae086

• Journal Article Type: Article
• Acceptance Date: Oct 25, 2024
• Online Publication Date: Nov 8, 2024
• Deposit Date: Nov 7, 2024
• Publicly Available Date: Nov 7, 2024
• Journal: Trusts and trustees
• Print ISSN: 1363-1780
• Electronic ISSN: 1752-2110
• Publisher: Oxford University Press
• Peer Reviewed: Peer Reviewed
• DOI: https://doi.org/10.1093/tandt/ttae086
• Keywords: Trust law; Insolvency; Creditors
• Public URL: https://rgu-repository.worktribe.com/output/2571665