Trust deeds: Normal service resumed…

Ogier | Trusts and Estates Law & Tax Journal | March 2020 #214
Jennifer Fox updates the position on anti-Bartlett clauses ‘The 2018 decision of the Hong Kong Court of Appeal in Zhang Hong Li had raised questions on whether it is actually possible for an anti-Bartlett clause to exclude the trustee’s duty to enquire and supervise in respect of an underlying company.’ Those in the private wealth …

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Professional trustees: Managing risk

Charles Russell Speechlys LLP | Trusts and Estates Law & Tax Journal | October 2019 #210
Oliver Auld examines the limitations of ‘anti-Bartlett’ clauses following Zhang Hong Li v DBS Bank ‘The purpose of an “anti-Bartlett” clause is to nullify (to the extent possible) the trustee’s duty to enquire into or interfere in the conduct of any business investment under its ownership or control.’ The decision of the Hong Kong Court …

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