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By means of a category two Public Trustee v Cooper application, in which Jeffrey Elkinson and Britt Smith of Conyers, led by Brian Green KC, acted for the successful plaintiffs...

As set out in Parts 1 and 2, a settlor who retains too much power and control in relation to a trust and its assets is at risk of creating an illusory trust, either because there is a failure of the irreducible core obligations necessary for a valid trust ...

Welcome to the fourth edition of our Private Client Bulletin, bringing you the latest private client and trust news and insights from Bermuda, the Cayman Islands, BVI and Asia.

Over the past several years, the use of a Bermuda Private Trust Company in combination with a Purpose Trust has been increasingly attractive to many clients including clients from civil law countries...

Bermuda is well known as one of the most stable jurisdictions in the world: a reputation built very much on the islands’ established and durable legal system.

The position of illegitimate versus legitimate children is often considered consigned to history but for those dealing with trusts on a day-to-day basis, the distinction may remain a live issue.

IMAGINE YOUR CLIENT IS A BENEFICIARY OF A TRUST which provides the trustee wide discretionary powers over trust distributions.

It has been said that the narrow view of protector consent provisions has the effect of limiting the role of the protector.[1] To this, Kawaley AJ in X Trusts said:

This second essay addresses the extent to which it is possible to amend or replace a letter of wishes and the effect of the same.

This Guide is intended to provide basic information needed to answer questions on Guernsey foundations and the migration of foreign law foundations to Guernsey.

In Bermuda, the Supreme Court considered whether it has jurisdiction to require the directors of a corporate trustee to resign

On occasion, when settlors instruct us to draft trust deeds governed by Bermuda law they may seek to retain extensive powers.

Given the contents of the letter of wishes might shed light on the trustee's reasoning, there is no automatic entitlement on the part of the beneficiaries to disclosure outside the litigation context.

The Appleby Guide to Trusts in Bermuda addresses the unique nature of the trust relationship and its most common uses. The Guide also demonstrates the flexibility and security that a trust offers as a vehicle for holding assets.

Bermuda has a formidable reputation as being one of the premier offshore jurisdictions in which to develop trust structures.

Just when you thought the transaction was going to be straightforward, you are told that one of the borrowers is a manager of a unit trust governed by the laws of an offshore jurisdiction.

A summary of the key decisions handed down in trust cases in the leading offshore jurisdictions during 2012.