Choosing a New Governing Law for a Trust with Mainly English Elements: How Capacious Is the Wiggle Room in Terms of Its Implementation in an English Court?

Abstract

When a trust is established, matters relating to governing law may not be at the heart of the consideration of the settlor, yet the questions relating to governing law are becoming an increasingly controversial challenge for the courts when a dispute arises. The article here walks through the current legal foundations of the issues associated with governing law before looking at how the courts have tackled these issues in recent years. Ultimately the article then notes that there should be changes to the approach to determining governing law to more accurately reflect the modern approach and the judicial lessons learnt over recent years.