Re C Trust [2021] WTLR 69
Wills & Trusts Law Reports | Spring 2021 #182This was an application by P (a current trustee) to be appointed as sole trustee of the trust under s31(1) Trustee Act 1975 (Bermuda), and for liberty to manage the assets of the trust on the basis that it had been validly appointed as trustee by a deed dated 1 July 2015.
The trust was established by a deed dated 22 June 1965 between the settlor and the original trustee. It was a discretionary trust, with the beneficiaries including the settlor and his brothers then living or born at any time thereafter, subject to certain limitations in favour of the male line of descend...
In the matter of F Trust –
Wills & Trusts Law Reports | June 2016 #160The applicants, three trustees of the F Trust and the A Settlement (the trusts), applied, pursuant to s47A of the Trustee Act 1975 and/or the inherent jurisdiction of the Court, to set aside deeds of appointment and retirement of trustees executed in 2005 and 2008, respectively, to the extent that they appointed the first defendant as a trustee.
The F Trust and the A Settlement were established in Bermuda with the same corporate trustee in 1958 and 1968 respectively. Individual trustees were subsequently appointed. The first defendant, a British resident, was app...
Barclay v Smith [2016] EWHC 210 (Ch)
Wills & Trusts Law Reports | May 2016 #159The claimants and first defendant were or had been trustees of a trust governed by a deed of trust. The trust assets had been transferred to the original trustees (the first to fourth claimants and the second defendant) upon their original appointment.
Under the deed of trust each trustee was appointed for a fixed five year period, after the expiry of which he was eligible for reappointment. The power of appointing new trustees was vested in the current trustees. However no regard had been paid to the clause in the trust deed requiring reappointment after five years and therefore ...