Advantage Bermuda

Keith Robinson and Anthony Poulton explain why Bermuda's legislation on the variation of trusts gives the jurisdiction an edge over England and Wales

Bermuda has broadly similar legislation to that of England and Wales dealing expressly with the variation of trusts.¹ Section 48 of the Bermudian Trustee Act 1975 closely mirrors s1 of the Variation of Trusts Act 1958. These provisions allow the court in each jurisdiction to provide consent to a variation on behalf of beneficiaries who are unable to consent for themselves.²

The Bermudian statute provides further flexibility, however, in s47. This section supplies the court with the jurisdiction to confer upon trustees additional powers even though those powers might result in a variation of beneficial interests.