In the Matter of the X Trusts [2019] WTLR 1055

Autumn 2019 #176

The corporate trustees of a Bermuda discretionary trust made proposals to the beneficiaries to restructure the trust administration. Some beneficiaries objected to the proposals and requested that particular directors of the trustee companies, being closely allied with other beneficiaries, resign. Other beneficiaries broadly supported the proposals, and said the Court could not order such resignations. The trustees sought directions from the Court, including a direction as to whether they should remain as trustees, and certain directors offered to retire if the Court signified that they ...

Re The Hanover Trust [2013] SC (Bda) 38 Civ

December 2016 #165

A trustee (T) of Bermudian trusts applied to the Bermudian court by an originating summons for directions. The originating summons named the settlor and principal beneficiaries as defendants. The application invoked the Bermudian court’s supervisory jurisdiction over Bermudian trusts.

The issue arose as to whether T needed leave to serve the originating summons on four overseas resident defendants.

Held:

  1. 1) Leave for service of an originating summons out of the jurisdiction is not required for non-contentious applications by Bermudian trustees for directions ...