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Article 75 - Power of the QFC Court to set aside a disposition

The QFC Court may on the application of the Settlor declare that a transfer or other disposition of property to a QFC Trust is voidable or of no effect from the time of its exercise where the person exercising the power to transfer:

(A) made a mistake in relation to the transfer or disposition, or took into account considerations which should not have been taken into account (the "Failure");
(B) would not have exercised the power but for the Failure; and
(C) the Failure is so significant that it is just for the QFC Court to make an order under this Article.
Inserted (as from 24th December 2017).