Enforcement of purpose trusts in Bermuda: a recent decision of the Court of Appeal. Issue 3 (2nd October 2015)

• Record Type: Journal Article
• Authors: Robinson, Keith
• Is Part Of: Trusts & trustees. Volume 22:Issue 3(2016)
• Page Start: 286
• Page End: 292
• Publication Date: 2015-10-02
• Subjects: Trusts and trustees -- Periodicals; 346.05
• DOI: 10.1093/tandt/ttv176
• Languages: English
• ISSNs: 1363-1780

Abstract

Abstract : Legislation in many offshore jurisdictions now provides for purpose trusts, but how do these creatures of statute fit into the broader legal landscape? This article considers a recent Bermuda case concerning assertions of privilege by trustees of purpose trusts in the context of a hotly contested Beddoes proceeding. The Bermuda court at both first instance and on appeal had to grapple with who was entitled to enforce a Bermuda purpose trust and how this question impacted upon the law of privilege. As will be explained, many questions remain unanswered.