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The Court’s power to add powers to the terms of express trusts

August 2010

This article summarizes two recent decisions of the Grand Court of the Cayman Islands which considered the jurisdiction conferred by section 63 of the Trusts Law (the equivalent of section 57 of the Trustee Act 1925) to allow the court to authorize trustees to engage in certain administrative acts which are not otherwise permitted by the trust instrument or bylaw, where it is expedient to so. It compares the approach of the English High Court in another recent decision.

 

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The Court’s power to add powers to the terms of express trusts

 

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