recent trust cases before the bermuda courts n.
Download
Skip this Video
Loading SlideShow in 5 Seconds..
Recent Trust Cases Before the Bermuda Courts PowerPoint Presentation
Download Presentation
Recent Trust Cases Before the Bermuda Courts

Loading in 2 Seconds...

play fullscreen
1 / 5

Recent Trust Cases Before the Bermuda Courts - PowerPoint PPT Presentation


  • 59 Views
  • Uploaded on

Recent Trust Cases Before the Bermuda Courts. STEP Bermuda 2013 13 th Annual Conference Moderator: Keith Robinson, Appleby Panelists: Paul Smith, Conyers Dill & Pearman Andrew Martin, MJM Limited Thursday 28 February 2013. 2012 – A Year in Review.

loader
I am the owner, or an agent authorized to act on behalf of the owner, of the copyrighted work described.
capcha
Download Presentation

PowerPoint Slideshow about 'Recent Trust Cases Before the Bermuda Courts' - jamalia-langley


Download Now An Image/Link below is provided (as is) to download presentation

Download Policy: Content on the Website is provided to you AS IS for your information and personal use and may not be sold / licensed / shared on other websites without getting consent from its author.While downloading, if for some reason you are not able to download a presentation, the publisher may have deleted the file from their server.


- - - - - - - - - - - - - - - - - - - - - - - - - - E N D - - - - - - - - - - - - - - - - - - - - - - - - - -
Presentation Transcript
recent trust cases before the bermuda courts

Recent Trust Cases Before the Bermuda Courts

STEP Bermuda 201313th Annual Conference

Moderator: Keith Robinson, Appleby

Panelists: Paul Smith, Conyers Dill & Pearman

Andrew Martin, MJM Limited

Thursday 28 February 2013

2012 a year in review
2012 – A Year in Review
  • Putting it right: remedying problems arising from defective trustee appointments (Francis Tregear QC, Trusts and Trustees, February 2013)
  • [Exclusive] Jurisdiction Clauses – In the Matter of A Trust [2012] SC (Bda) 72 Civ
  • Blessing of Momentous Decisions (Public Trustee v. Cooper [2001] W.T.L.R. 901)
  • Schmidt v. Rosewood – The Bermuda

Sequel?

abc trusts
ABC Trusts
  • Application of section 47 Trustee Act -  unique Bermuda provision
  • Enables variation of beneficial interests in trusts, without beneficiary consent
  • Used for:
    • Restructuring trusts
    • Family arrangements
    • Tax planning,  particularly with US resident beneficiaries
    • New perpetuity period
  • Hybrid of two pieces of English legislation – s57 Trustee Act 1925 and s64 Settled Land Act 1925
  • Expediency trigger
confidentiality orders
Confidentiality Orders
  • Open Justice vs. Personal Privacy
  • Constitutional Requirements
  • Legitimate exceptions and limitations
  • Tools available
  • Practical Tips

“Having regard to Bermuda’s status as an offshore trust domicile,this court is bound not just to be sympathetic to the privacy needs of those who establish trusts here, but also to the need to promote the development of Bermuda trust law as well.”

Per Kawaley CJ in Guardian Limited v Bermuda Trust Company Limited