Bermuda: Trusts

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Part 5: The Nomenclature For The Future

As set out in Part 1, the terms "sham trust" and "illusory trust" both describe different things. It could therefore be argued that both terms have a place in the nomenclature of the future.

Bermuda Commercial

KL

Kennedys Law LLP

Part 4: The Idea Of Emerging Validity

The New Zealand Supreme Court in Clayton speculated that an illusory trust may become a valid trust when the settlor's role in relation to the trust changes.

Bermuda Commercial

KL

Kennedys Law LLP

Part 3: The Effect Of Reserved Powers Legislation

As set out in Parts 1 and 2, a settlor who retains too much power and control in relation to a trust and its assets is at risk of creating an illusory trust, either because there is a failure of the irreducible core obligations necessary for a valid trust ...

Bermuda Commercial

KL

Kennedys Law LLP

Part 2: The Unholy Trinity Of Recent Cases: Clayton, Pugachev And Webb

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.

Bermuda Commercial

KL

Kennedys Law LLP

Part 1: An Introduction To Sham And Illusory Trusts

Bermuda Commercial

KL

Kennedys Law LLP

Overview - Sham Vs Illusory Trusts: What's In A Name?

Bermuda Commercial

KL

Kennedys Law LLP

Private Wealth And Private Client: Bermuda

A

Appleby

Trust Litigation In Bermuda's Financial Landscape

Bermuda Finance

C

Conyers

Trusts In An Employment Context

Bermuda Employment

A

Appleby

Trusts, And How They Came To Be

Bermuda Commercial

A

Appleby

Trust Protectors: Watchdogs Or Independent Decision Makers? Part 5 The Consequences For The Protector Who Oversteps His Role

Bermuda Commercial

KL

Kennedys Law LLP

Trust Protectors: Watchdogs Or Independent Decision Makers? Part 4: The Possibility Of Drafting To Remove Any Uncertainty

Bermuda Commercial

KL

Kennedys Law LLP

Trust Protectors: Watchdogs Or Independent Decision Makers? Part 3: An Analysis Of The Arguments In Favour Of The Wide And Narrow View Of Protector Consent Provisions

Bermuda Commercial

KL

Kennedys Law LLP

Trust Protectors: Watchdogs Or Independent Decision Makers? Part 1: An Introduction To The Use Of Protectors

Bermuda Commercial

KL

Kennedys Law LLP

The Duties Of Independent Directors In Amalgamations And Mergers

Bermuda Commercial

C

Conyers

Bermuda Public Companies Update, Winter 2025

Bermuda Commercial

C

Conyers

Cayman Islands Data Protection

Bermuda Privacy

C

Conyers

The Bermuda Court's Approach To Valuation In Shareholder Appraisal Proceedings

Bermuda Commercial

KL

Kennedys Law LLP

Impact Of Privacy Law On Bermuda Business

Bermuda Privacy

A

Appleby

Overview - Trust Protectors: Watchdogs Or Independent Decision Makers?

In this mini-series of articles, we explore the role of protectors insofar as the same can be identified in general terms, although it will, of course, always be necessary to have regard to the express terms of the trust instrument ...

Bermuda Commercial

KL

Kennedys Law LLP

Trust Protectors: Watchdogs Or Independent Decision Makers? Part 2: Protector Consent Provisions As They Have Been Interpreted In Recent Case Law

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.

Bermuda Commercial

KL

Kennedys Law LLP

How Bermuda Trusts Can Help With Worldwide Estate Planning

Advisers based in the UK were recently shocked by the government's announcement of far-reaching changes to the way in which non-domiciled individuals...

Worldwide Commercial

A

Appleby

Private Client & Trust Bulletin: Spring 2024

Welcome to the 9th edition of the Conyers Private Client and Trust Bulletin with updates from Bermuda, the BVI, the Cayman Islands and Hong Kong.

Worldwide Commercial

C

Conyers

Why Choose Bermuda For Private Clients

Bermuda Commercial

C

Conyers

Private Client Guide 2024 - Bermuda (Legal 500)

CO

Carey Olsen

Flexibility In Bermuda Trusts Afforded By Section 47

Bermuda Commercial

CO

Carey Olsen

Preserving Wealth In A Bermuda Dynastic Trust

Bermuda Wealth Mgt

A

Appleby

Top 5 Bermuda Publications Of 2023

Bermuda Strategy

C

Conyers

Private Client & Trust Bulletin: Fall 2023

Worldwide Family

C

Conyers

Part Three: Beneficiaries' Access To The Letter Of Wishes

Bermuda Litigation

KL

Kennedys Law LLP

Part Two: Amending A Letter Of Wishes

Bermuda Commercial

KL

Kennedys Law LLP

FAQs On Bermuda Master Trusts & Sub-Trusts For Insurance Providers

Bermuda Insurance

O

Ocorian

"Your Wish Is Not My Command": Letters Of Wishes And Their Use In Discretionary Trusts

Bermuda Finance

KL

Kennedys Law LLP

Part Three: Beneficiaries' Access To The Letter Of Wishes

Given the contents of the letter of wishes might shed light on the trustee's reasoning, there is no automatic entitlement on the part of the beneficiaries to disclosure outside the litigation context.

Bermuda Litigation

KL

Kennedys Law LLP

Part Two: Amending A Letter Of Wishes

This second essay addresses the extent to which it is possible to amend or replace a letter of wishes and the effect of the same.

Bermuda Commercial

KL

Kennedys Law LLP

FAQs On Bermuda Master Trusts & Sub-Trusts For Insurance Providers

Frederica Evans, Client Director for Ocorian Trust Services, discusses all things Bermuda master trusts and sub-trusts from what they are to how they work...

Bermuda Insurance

O

Ocorian

"Your Wish Is Not My Command": Letters Of Wishes And Their Use In Discretionary Trusts

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 ...

Bermuda Finance

KL

Kennedys Law LLP

Family Wealth Management With Bermuda Trusts

Bermuda Wealth Mgt

C

Conyers

In The Matter Of The P Trusts: Court Ensures Public Trustee V Cooper Application Does Not Get Hijacked

By means of a category two Public Trustee v Cooper application, in which Jeffrey Elkinson and Britt Smith of Conyers, led by Brian Green KC, acted for the successful plaintiffs...

Bermuda Commercial

C

Conyers

Change Of Governing Law And The Resettlement Of Trusts

A recent decision of the Bermuda Supreme Court has dealt with the question of whether a change of governing law of a trust and disapplication of the rule against perpetuities will result in a resettlement of the trust.

Bermuda Litigation

C

Conyers

Appleby Bermuda Contributes To Private Trust Companies Handbook Second Edition

This handbook is a comprehensive resource for lawyers, accountants, family office executives and others who advise families on private trust companies.

Bermuda Commercial

A

Appleby

Private Client Guide 2023 - Bermuda (Legal 500)

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.

Bermuda Commercial

CO

Carey Olsen

Investing With Purpose: Guidance For Trustees

Bermuda Commercial

CO

Carey Olsen

A Jurisdiction That Resolves Trust Issues

Bermuda Finance

CO

Carey Olsen

Bermuda Trust Law - The Past 30 Years

Bermuda Commercial

CO

Carey Olsen

Bermuda Trusts And Asset Protection - How Much Control Will Tip The Balance?

Bermuda Insolvency

CO

Carey Olsen

A Number Of Legal Principles Have Been Reaffirmed In Relation To Section 47 Applications Arising From In The Matter The XYZ Trusts

Bermuda Insolvency

CO

Carey Olsen

The Application Of Bermuda Stamp Duty To Trust Structures

Bermuda Commercial

CO

Carey Olsen

A Step Ahead On Digital Fintech & Crypto Assets

Bermuda Commercial

W

Walkers

Private Client Guide 2022 - Bermuda

Bermuda Commercial

CO

Carey Olsen

Q&A With Jeffrey Elkinson, Director In The Litigation Department

Bermuda Litigation

C

Conyers

Private Client & Trust Bulletin – Fall 2021

Worldwide Family

C

Conyers

Important Bermuda Judgment On The Role Of Protectors In Offshore Trusts

Bermuda Commercial

CO

Carey Olsen

The Evolution Of The "Watchdog" Role Of Protectors

Bermuda Commercial

C

Conyers

The Issue With ‘Issue' – Difficulties Arising With Potential Distinctions Between Children Born Inside And Outside Marriage

Bermuda Commercial

C

Conyers

Private Client & Trust Bulletin – Summer 2021

Worldwide Commercial

C

Conyers

Trusts In Divorce: An Update On The English Approach

C

Conyers

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Latest Videos

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Ten Minute Interview: How To Mitigate Trustee Liability (Video)

FL

Foley & Lardner

Trustee Notifications (Video)

LG

Lathrop GPM

Different Types Of Entities Lenders May Encounter: Trusts (Video)

GW

Gowling WLG

Private Family Trust Companies (Video)

VW

Duggan Bertsch

Trusts And Commercial Restructuring: Keynotes From Our Experts (Video)

GA

Guzman Ariza Attorneys At Law

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