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Offshore Cases

Re: Royal Fiduciary Group Limited Claim No. BVIHCMAP 2013/0022

October 2015 Trusts

BRITISH VIRGIN ISLANDS

COURT OF APPEAL

CIVIL APPEAL - TRUST DEED - DISCRETIONARY TRUSTS - DEED OF APPOINTMENT - POWER OF APPOINTMENT UNDER TRUST - WHETHER POWER OF APPOINTMENT IN TRUST DEED PERMITS TRUSTEE TO EXCLUDE A NAMED BENEFICIARY FROM THE OBJECTS OF A DISCRETIONARY TRUST IN ADVANCE OF APPOINTING CAPITAL TO OTHER NAMED BENEFICIARIES

This is an Appeal against the Learned Judge’s refusal to sanction the terms of a draft deed of appointment, the effect of which would be to disentitle the Settlor from benefiting under the trust deed, on the basis, inter alia, that the Trustee had no power to vary the Trust deed as contemplated by the draft deed of appointment and would be a nullity.

 

To continue reading full articles in PDF format:
Re: Royal Fiduciary Group Limited Claim No. BVIHCMAP 2013/0022

 

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EDITOR & HEAD OF LITIGATION BERMUDA

Christian R. Luthi
Tel: +1 441 298 7814
Email: christian.luthi@conyersdill.com


Head of Litigation British virgin islands

Mark J. Forte
Tel: +1 284 852 1113
Email: mark.forte@conyersdill.com


Head of Litigation Cayman Islands

Paul Smith
Tel: +1 345 814 7777
Email: paul.smith@conyersdill.com


HEAD OF THE ASIA DISPUTES & RESTRUCTURING GROUP

Nigel K. Meeson, QC
Tel: +852 2842 9553
Email: nigel.meeson@conyersdill.com

Offshore Cases

Re: Royal Fiduciary Group Limited Claim No. BVIHCMAP 2013/0022

20 October 2015

BRITISH VIRGIN ISLANDS

COURT OF APPEAL

CIVIL APPEAL - TRUST DEED - DISCRETIONARY TRUSTS - DEED OF APPOINTMENT - POWER OF APPOINTMENT UNDER TRUST - WHETHER POWER OF APPOINTMENT IN TRUST DEED PERMITS TRUSTEE TO EXCLUDE A NAMED BENEFICIARY FROM THE OBJECTS OF A DISCRETIONARY TRUST IN ADVANCE OF APPOINTING CAPITAL TO OTHER NAMED BENEFICIARIES

This is an Appeal against the Learned Judge’s refusal to sanction the terms of a draft deed of appointment, the effect of which would be to disentitle the Settlor from benefiting under the trust deed, on the basis, inter alia, that the Trustee had no power to vary the Trust deed as contemplated by the draft deed of appointment and would be a nullity.

 

To continue reading full articles in PDF format:
Re: Royal Fiduciary Group Limited Claim No. BVIHCMAP 2013/0022

 

 

EDITOR & HEAD OF LITIGATION BERMUDA

Christian R. Luthi
Tel.: +1 441 298 7814
Email.: christian.luthi@conyersdill.com


Head of Litigation British virgin islands

Mark J. Forte
Tel.: +1 284 852 1113
Email.: mark.forte@conyersdill.com


Head of Litigation Cayman Islands

Paul Smith
Tel.: +1 345 814 7777
Email.: paul.smith@conyersdill.com


HEAD OF THE ASIA DISPUTES & RESTRUCTURING GROUP

Nigel K. Meeson, Q.C.
Tel.: +852 2842 9553
Email.: nigel.meeson@conyersdill.com