10 September 2019

Important Bermuda trust decision concerning settlor’s wishes

The intersection between the court’s power to bless the decision of a trustee and the impact of a settlor’s wishes on trustee decision-making has recently been considered by the Supreme Court of Bermuda in the important decision of In the Matter of the R Trust, writes Carey Olsen Bermuda partner Keith Robinson.

In blessing the decision of the trustee in this case, the court referred with approval of the dicta of the UK Supreme Court in Pitt v Holt that settlor’s wishes are simply a “relevant consideration”.

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The full article is available to read in Trusts & Trustees - the leading international journal on trust law and practice, and the official journal of the International Academy of Estate and Trust Law (available via the Oxford Academic website).

 

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