Re H Trust; Butterfield Trust (Bermuda) Ltd v P & ors [2020] WTLR 167
Wills & Trusts Law Reports | Spring 2020 #178Held:
1) On the wording of the trust deed, the protectors of the trust had to act jointly. The unilateral designation of the first successor protector was therefore invalid, as was his purported designation of P as his successor protector.
2) Since the powers of the protector under the trust deed – the power to remove and appoint trustees, power to move the situs of the trust and authority to require and approve accounts – were fiduciary, and since the personal characteristics of the individual originally appointed by the trust deed were not essential to the exercise of t...
Gelber & anr v The Sutherland Foundation & ors [2019] WTLR 29
Wills & Trusts Law Reports | Spring 2019 #174The claimants and two of the defendants were all grandsons of the 11th Duke of Marlborough and beneficiaries of a settlement made on 13 October 1981. The trustees of the 1981 settlement are a Guernsey foundation and one of its council members. The foundation was not a trust corporation within the meaning of s68(18) Trustee Act 1925.
Amongst the trust assets were 166 acres of land at Woodstock, Oxfordshire which in 2018 was granted planning permission for residential development, subject to a condition that the trustees give a binding covenant to make a heritage contributi...