Vandervell v IRC

rdf:langString Vandervell v IRC

rdf:langString Vandervell v IRC

rdf:langString [1967] 2 AC 291

rdf:langString House of Lords

rdf:langString Lord Reid, Lord Pearce, Lord Upjohn, Lord Donovan and Lord Wilberforce

rdf:langString Resulting trust

rdf:langString Vandervell v Inland Revenue Commissioners [1967] 2 AC 291 is a leading English trusts law case, concerning resulting trusts. It demonstrates that the mere intention to not have a resulting trust (for example, to avoid taxes) does not make it so. This case was the first in a series of decisions involving Tony Vandervell's trusts and his tax liability. It concerned whether an oral instruction to transfer an equitable interest in shares complied with the writing requirement under Law of Property Act 1925, section 53(1)(c), and so whether receipt of dividends was subject to tax. The second was Re Vandervell Trustees Ltd, which involved the Special Commissioner of the Inland Revenue's ability to amend tax assessments. The third was Re Vandervell Trustees Ltd (No 2), which concerned whether Vandervell could be taxed because he could have an equitable interest through a resulting trust if he had exercised an option right.

rdf:langString [1966] Ch 261