Case
Representation of Nautilus Trustees Limited [2007] JRC223C
Title
What amendments to a trust deed may be justified in the event of
the incapacity of a power-holding settlor?
Facts
Pursuant to the terms of a discretionary trust (the
"Trust") the consent of the settlor was,
during his life, required by the trustees in order for them to
exercise certain of their powers including the powers to vary the
terms of the Trust, to add or exclude beneficiaries, to deal with
income or capital, to appoint new or additional trustees and to
change the proper law of the Trust (the "Relevant
Powers").
Unfortunately the settlor of the Trust had suffered a stroke and
was now incapable of giving his consent to the exercise of any of
the Relevant Powers by the trustees. Whilst the terms of the Trust
provided that, in the event of the death of the settlor, the power
to give such consent would pass to the Trust's protector, they
were silent as to what should happen in the
