The BVI courts have tackled a number of trust disputes over the last couple of years, addressing a number of important issues, some of which have not been the subject of previous decisions.  These issues include: 

  1. Whether common form powers of appointment can be used to exclude beneficiaries. 
  2. The extent of the trustee's duties on the delegation of investment management. 
  3. Whether anti-Bartlett clauses are effective. 
  4. The scope of indemnity and exoneration clauses. 
  5. The interpretation of a trust deed with apparently contradictory beneficial provisions.  

This update contains on overview of the following cases: 

  1. The New Huerto Trust1 
  2. Appleby Corporate Services (BVI) Limited v Citco Trustees (BVI) Limited2
  3. Equity Trustee Limited v Yang Hsueh Chi Serena & Others3