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Is that your final answer? When a trustee can change its mind

September 2011 - Litigation & Dispute Resolution. Legal Developments by Ogier .

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The Royal Court was recently asked to sanction a trustee’s decision to distribute the assets of a discretionary trust in a manner that was inconsistent with previous indications that the trustee had given to the beneficiaries1. In particular, the Court analysed the ability of trustees to make distributions that are fundamentally different from decisions previously described as being “final” and whether beneficiaries need to be consulted if a trustee anticipates changing its mind in this way.

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