AbstractIn the recent case of Hanson, the Royal Court considered at length the principles applicable to claims that a trust is a sham and as such is void. The Court traced

the case law through a number of recent developments. It reaffirmed the principle that, whereas a trustee's recklessness as to the terms of an apparent trust will [...]

AbstractThis article examines the role of protectors and how the role has developed in recent case law. Specifically, the article will consider whether the duties of protectors

are the same where they hold a positive power versus where they merely hold a so-called power of veto (where the positive power is held by another person such as [...]

AbstractProfessor Lupoi traces equity’s origins back to Rome’s ius commune. He explains that Chancellors were doctors in civil law. Until Henry VIII’s breach with Rome,

Chancellors were also Bishops. Their cultural and spiritual anchors were very distinct from those dispensing justice in common law courts. [...]

AbstractRecent authorities in the Court of Appeal of Bermuda (Grand View v Wong (Civil Appeal No. 5A of 2019, Grand View, an appeal from Wong v Grand View [2019] Bda LR 41,

Wong), the Royal Court of Jersey (Representation of Rysaffe Fiduciarles Sarl [2012] JRC 320, Rysaffe) and the Grand Court of the Cayman Islands (In the Matter of [...]

AbstractThe British Virgin Islands (BVI) has enacted innovative new trust legislation which includes provisions conferring on the BVI court an additional power to vary BVI

trusts. The legislation, which is unique but which was inspired by section 47 of Bermuda’s Trustee Act 1975, on which it builds, only applies to (a) those trusts [...]

AbstractSection 104 of the Trusts Act (as revised) of the Cayman Islands confers a jurisdiction on the Grand Court of the Cayman Islands to reform STAR Trusts on a number of

grounds. STAR Trusts are a form of statutory trust unique to the Cayman Islands, which facilitate the establishment of trusts, inter alia, for charitable or non-charitable [...]

AbstractSan Marino i s the world’s oldest and smallest republic with a law system based on the ius commune directly deriving from the Roman law. San Marino has ratified the

Hague Convention on the Law applicable to Trust and on their Recognition of 1 July 1985 and with the Trust Act of 2010 the internal trust law has been totally revised. [...]

AbstractIn The Matter The XYZ Trusts is an important case because it confirmed a number of very useful legal principles. In relation to applications pursuant to section 47

of the Bermuda Trustee Act 1975, it confirmed that such applications may be used in series for the blessing of various stages of a large transaction, the test to [...]