By judgment of 26th of November 2019, the Court of Parma applied the principle reaffirmed by the Supreme Court that the Trust is null if the settler, trustee and beneficiaries are the same persons.
In the case examined by the Court of Parma, the same persons were, in fact, the disposers, the trustees and the beneficiaries, of a trust governed by English law and established by Italian citizens in which assets located in Italy were conferred.
It is clear the violation of art. 2 Conv. Aja of 1 July 1985, and unavoidable the statement of nullity.
Milano, July 26th 2021.
Avv. Giovanni Babino
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