ARTICLE
25 September 2024

Cayman Islands Abolishes Rule Against Perpetuities

SH
Stuarts Humphries

Contributor

Stuarts is a leading offshore law firm in the Cayman Islands specialising in investment funds and offering fully integrated corporate and commercial advice from a team of experienced, award-winning attorneys. Whether it's navigating the complexities of Fintech, cryptoassets, real estate, investment funds, M&A's, regulatory, banking, company incorporation, dispute resolution, immigration, or any other business challenge, Stuarts have the expertise and experience to guide you toward success. At Stuarts, our team are known for world-class responsiveness, efficiency, and cost-effectiveness; working closely with clients from around the world to solve their most complex business challenges, transactions and obligations. Our proven track record in advising leading international law firms, investment managers, investment companies and high-net-worth individuals is a result of the deep understanding of our markets and our clients’ needs.
The Cayman Islands has introduced new legislation that abolishes the rule against perpetuities for ordinary trusts, allowing them to continue indefinitely.
Cayman Islands Corporate/Commercial Law

The Cayman Islands has introduced new legislation that abolishes the rule against perpetuities for ordinary trusts, allowing them to continue indefinitely. This change does not apply to STAR trusts, which were already not subject to this rule.

Previously, Cayman Islands trusts were limited by a mandatory 150-year perpetuity period, requiring assets to be distributed within that time. However, the Perpetuities (Amendment) Act, 2024, which received Royal Assent on 15 August 2024, removes this restriction for new trusts, except those involving Cayman Islands land.

While the change is not retroactive, existing trusts can petition the Grand Court to extend their duration indefinitely. Additionally, foreign trusts of unlimited duration can now choose to be governed by Cayman Islands law.

This reform strengthens Cayman Islands' legal trust framework, offering greater flexibility for international clients and creating opportunities for long-term succession planning.

Originally published 3 September 2024

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