147 results found

This essay is the first in a three-part mini-series which will consider: the status of a settlor's letter of wishes, including the extent to which the trustee is bound by the settlor's wishes and the circumstances ...

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 remains a preferred jurisdiction in which to establish and maintain trusts (and increasingly, family offices).

There have been three major cases in recent years that warrant extended consideration in Part 2 of this mini-series: the New Zealand case of Clayton; the English case of Pugachev; and the Cook Islands / Privy Council case of Webb.

This article will argue that trustees must look to the past and the future, the settlor and the beneficial class, if they are to discharge their fiduciary duty.

There is no inheritance or capital transfer tax in Bermuda.

This paper explores the approach taken by courts in Bermuda and other jurisdictions in connection with a number of issues and questions regarding trusteeship.

Ultimately, the protector's role in relation to any given trust will be determined with regard to the express terms of the trust instrument. The powers granted to a protector can be broadly categorised as "positive" powers and "veto" powers.

Purpose trusts in Bermuda offer a sophisticated alternative to traditional trust structures by allowing trusts to exist for specific objectives rather than identifiable beneficiaries.

Whilst both will give rise to a finding that a trust is invalid, sham trusts and illusory trusts are two very different beasts, as noted by the New Zealand Supreme Court:

A significant problem with older or bespoke trust deeds is often that they may have been rigidly drafted to suit a client's intention or reflect statutory requirements which have long since changed.

Trustees' fees and expenses are frequently a source of disputes with beneficiaries, the settlor or successor trustees.

This guide to Bermuda's private client sector includes commentary on tax, trusts, foundations and private wealth structures used within the jurisdiction, including charitable...

This guide to Bermuda's private client sector includes commentary on tax, trusts, foundations and private wealth structures used within the jurisdiction, including charitable or philanthropic...

This guide to Bermuda's private client sector includes commentary on tax, trusts, foundations and private wealth structures used within the jurisdiction, including charitable or philanthropic structures.

This country-specific Q&A provides an overview to tax laws and regulations that may occur in Bermuda.

In Bermuda there is no income or profits tax, withholding tax, capital gains tax, capital transfer tax or inheritance tax.