Law report - serving parties outside of Bermuda in trust proceedings

In the matter of the Hanover Trust [2013] SC (Bda) 38 Civ

The Chief Justice clarified an issue regarding service of court proceedings on overseas parties to a trust action. He held that in trust proceedings concerning a Bermuda trust or where the trust property was in Bermuda, it was not necessary to obtain the leave of the court to do this, as the court had clear jurisdiction to hear such applications [143]-[15]. Leave would only be required if the overseas party might potentially challenge jurisdiction to hear the dispute or whether Bermuda is the most convenient forum to hear it [13].

Law report - enabling trusts / trustees

Re ABC Trust [2012] SC (Bda) 65 Civ (13 November 2012)

All parties sought to amend the Trusts to allow modern charging provisions for professional trustees; to change the perpetuity period; and to change a provision of the charitable trust.

Kawaley CJ noted that changes could be made to a trust document if it was expedient to the Trust, consistent with the equitable principles governing trusts [6].

There is nothing controversial about allowing modern professional trustees to charge their usual rates [8].

In this case, there were benefits to extending the perpetuity period - to give future generations the benefit of the trusts and to avoid ruining young beneficiaries  who would otherwise receive substantial sums of money at a young (irresponsible??) age [10].

It made good practical sense that the charitable trustees should not have to consider the law of Prince Edward Island in determining whether a purpose was charitable, and the change was approved [12].