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:
- Whether common form powers of appointment can be used to exclude beneficiaries.
- The extent of the trustee's duties on the delegation of investment management.
- Whether anti-Bartlett clauses are effective.
- The scope of indemnity and exoneration clauses.
- The interpretation of a trust deed with apparently contradictory beneficial provisions.
This update contains on overview of the following cases:
- The New Huerto Trust1
- Appleby Corporate Services (BVI) Limited v Citco Trustees (BVI) Limited2
- Equity Trustee Limited v Yang Hsueh Chi Serena & Others3