Change of trustees - Standing to seek restitution from bank - No case for summary proceedings


(David Wilson) #1

The Swiss Supreme Court published a judgment holding that, in accordance with art.8 §2 lit.d HTC, the foreign trust law applicable governs the question of who, in case of change of trustees, can claim restitution of the trust assets from a (Swiss) bank.

The Court further held that, given the controversy o­n point - under Liechtenstein case law and literature -, such a claim was not a clear case that could be decided under the summary proceedings (art.257 Swiss Civil Procedure Code).

The link to this judgment of December 10th 2013 (in German) is available here


(Vicki) #2

Changes of trustees also raise issues where beneficiaries and trustees are in conflict. See further regarding the recent decision in Guest v Warner