Protectors in the Bermuda courts
The role of protector has become a “hot topic” in Bermuda trust law over the last number of years and this is likely to be, or become, a feature of trusts practice throughout the offshore world. The reason for this appears elementary. Protectors have been commonly encountered officeholders now for more than 50 years. The life cycle of a trust suggests that when the trust reaches a certain longevity, and depending on family dynamics, the structure can be a subject of contest (and a bitter one at that). Such contests will inevitably draw in the protector as (very often) the officeholder who has the ultimate power to remove the trustee.
In a recent article for Trusts & Trustees, Carey Olsen partner Keith Robinson outlines the statutory references to the office of protector in Bermuda and looks at some recent Bermuda cases where protectors were in issue, including where the court has exercised its inherent jurisdiction to appoint and remove protectors.
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The full article is available to read, here.
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