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The settlor , having established the trust has no power thereafter to amend.
The defendant was to be the settlor of the trust, and the plaintiff would be the trustee.
Accordingly any benefits derived by the settlor were not derived from the interests given.
Paragraph 91 of the Trust prohibits the settlor from ever participating in the capital of the Trust.
Many jurisdictions will look through the trust and tax the settlor or beneficiaries directly.
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