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Industry Updates

Recent Trust Cases from the BVI Courts: Lessons for Trustees and Advisers

25 Mar 2015

The BVI courts have tackled a number of trust disputes over the last couple of years, addressing a number of important issues, some of which have not been the subject of previous decisions.  These issues include: 

(a)  Whether common form powers of appointment can be used to exclude beneficiaries. 

(b)  The extent of the trustee's duties on the delegation of investment management. 

(c)  Whether anti-Bartlett clauses are effective. 

(d)  The scope of indemnity and exoneration clauses. 

(e)  The interpretation of a trust deed with apparently contradictory beneficial provisions.  

This update contains on overview of the following cases: 

(1)       The New Huerto Trust 1 

(2)       Appleby Corporate Services (BVI) Limited v Citco Trustees (BVI) Limited 2

(3)       Equity Trustee Limited v Yang Hsueh Chi Serena & Others 3

(BVIHC 112/2013, 8 November 2013)

(BVIHC 156/2011, 20 January 2014)

(BVI HC 0072 of 2011, 9 June 2013)

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