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...