Topic: Leave to serve out of the jurisdiction

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

Wills & Trusts Law Reports | 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 ...