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When does foreign illegality vitiate the enforcement of a trust arrangement?

6 May 2020

Singapore Law Watch has published the case commentary authored by Zhuo Jiaxiang and Danny Quah on the Singapore International Commercial Case of Baker, Michael A (executor of the estate of Chantal Burnison, deceased) v BCS Business Consulting Services Pte Ltd and others [2020] SGHC(I) 10 (“Chantal”). In Chantal, the Singapore International Commercial Court (“SICC”) had the opportunity to consider whether certain false declarations made to the US courts by the settlor of a Singapore trust would void the trust for illegality.

Given the relative paucity of cases involving the doctrine of illegality in Singapore, Chantal is an important case adding to the growing Singapore jurisprudence on this subject and is likely to assist lawyers and parties in navigating the challenges that inevitably accompany contracts that may be tainted by illegality. You may download and view the article here.