A Cayman court judgment has affirmed the expectations levelled upon a responsible trustee. Lisa Vizia explains A devout Muslim, it was the settlor’s express wish that on his death his assets should be dealt with in accordance with Islamic (shari’a) inheritance laws. A trustee’s work is seldom straightforward and perhaps never truly ends. The professional …
Continue reading "Trustees: Going the extra mile"
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Wills & Trusts Law Reports | Summer 2020 #179The plaintiff trustee applied for Beddoe relief authorising it to defend proceedings brought by one of the secondary beneficiaries of the trust in the Singapore High Court to terminate the trust. It sought permission to defend both on the substance and to challenge the Singapore court’s jurisdiction on the ground of forum non conveniens, since the trust was governed by Cayman law and the Cayman Islands was the forum for administration of the trust. The Singapore proceedings alleged that refusal to comply with the plaintiff beneficiary’s demands for distribution constitu...
Wills & Trusts Law Reports | Summer 2020 #179The plaintiff trustees of a discretionary trust governed by Cayman law sought a declaration concerning the power of variation conferred by the trust instrument, and which was in the following terms:
‘The Trustees may, with the consent of the Settlor during his lifetime, at any time and from time to time by instrument in writing vary, add to, revise or modify, the terms and conditions of this Settlement except that no such amendment may be made which either changes any Beneficiary hereunder or alters that [sic] terms of clause (I) of subsection 3.4 of this Settlement.’
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Wills & Trusts Law Reports | Winter 2019 #177AB was a professional trustee of two discretionary trusts created by the late parents of D1, a Will Trust for the benefit of their issue, and a Grandchildren ‘s Trust for the benefit of their grandchildren (i.e. the four children of D1 and D3, and the two children of D1 ‘s late sister). D1, D2 and D3 were between them the other trustees of the trusts.
Three of the children of D1 and D3 had already received shares of the Grandchildren ‘s Trust, but the other three grandchildren had not. Another trust fund, comprising the proceeds of sale of a property intended by the settlors for D...
Wills & Trusts Law Reports | Autumn 2019 #176Shortly after he came of age, the 19th Duke of Somerset, claimant in this action, established a Settled Land Act settlement dated 30 September 1971 (the settlement). Under the terms of the settlement, the claimant was tenant for life and one of the trustees. The other trustees were independent professional trustees and were joined as first and second defendants. The rest of the defendants were all of the adult beneficiaries interested under the trusts of the settlement (all of whom supported the application), there being no existing minor beneficiaries nor any lacking capacity. ...
The Jersey Royal Court’s recent refusal to ‘bless’ actions by the trustee shows that court approval cannot be taken for granted. James Sheedy sets out key points to consider ‘The trustee’s application for a blessing of its decision to liquidate the structure was refused on the basis (among others) that the trustee had not adequately …
Continue reading "Offshore: Count your blessings"
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A recent case illuminates when a trustee can enter into a commercial transaction and the scope of s57 of the Trustee Act 1925. Adam Carvalho and Joseph de Lacey highlight the key points ‘The court did not need to agree that the trustee’s decision was “right”, but just that the decision fell within a range …
Continue reading "Trustees: Judicial blessings"
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The Court of Appeal has indicated the extent to which it will control the exercise of discretion by fiduciaries. Robert Pearce QC discusses ‘The Chancellor’s decisions that the grant was in the best interests of the charity and his direction to L to vote in favour of it were given simultaneously, giving L no opportunity …
Continue reading "Charities: The limits of discretion"
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Wills & Trusts Law Reports | Summer 2018 #172The trustee applied under s61 of the Isle of Man Trustee Act 1961, alternatively under the court’s inherent jurisdiction, for the opinion, advice or direction of the court in relation to its intention to negotiate with a foreign revenue authority for the discharge of tax liabilities of the settlement, the disclosure of information necessary for that purpose, and the payment of the tax irrespective of whether they are enforceable in the Isle of Man. The beneficiaries agreed with the relief sought.
Held, allowing the application:
- 1) Trustees were en...
Wills & Trusts Law Reports | Summer 2018 #172The claimant was the trustee of an employment benefit trust (the EBT). The trustee had an interest in a company that owned and controlled a business (the utility). The beneficiaries of the EBT were the former and current employees of the utility and other group companies and their dependants. The trustee entered into a sale and purchase agreement for the sale of the EBT’s interest in the company, conditional upon certain relief from the court. Following the sale, there would be a distribution of the trust property amongst various beneficiaries.
Held
The fol...
