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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.

 

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

 

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