In this article Stephen Moverley Smith KC and Niamh Davis discuss the creative arguments and the transmissibility of shares following the death of a shareholder.
This article discusses the recent decision of the Privy Council in Al-Thani & anr v Al Thani & ors [2024] UKPC 35, which considers whether shares are classified as moveable or immovable property under the law of the British Virgin Islands and the implications of this on their transmissibility following the death of a shareholder. The article also discusses the legal principles applied by the Privy Council, the reasoning of the Court, and the origins of the creative legal argument at the heart of the appeal.
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This article was first published on 19 November 2025 in Trusts & Trustees, ttaf088.
