Jurisdiction of the Court

Scott J in Chellaram v Chelleram [1985] 1 All ER 1043 stated:

“In determining the law which governs a foreign trust there is no distinction between the validity, interpretation and effect of the trust on the one hand and its administration on the other. All matters affecting the determination of the duties and the rights of the trustees and the beneficiaries arising out of the settlement (including the right to remove and replace trustees if that right is conferred by the trust instrument ) are governed by the proper law of the trust and not by any so called law of the place of administration of the trust.; it is merely the enforcement of such rights and duties, once determined, that may take place under a different law (Wynn NO and Westminister Bank NO v Oppemheimer, Re Pollak’s Estate [1937] TDP 91 considered}”

The ruling in Chellaram v Chelleram was followed by the Full Court of the Supreme Court of South Australia in In the Estate of Webb(dec’d) (1992) 57 SASR 193 at 202-204.

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This tab updated on 21 August 2015