Extract

ARTICLES

Recent trust cases in the Cayman Islands

Tony Pursall and William Ostick

This article discusses some of the trust cases that have come before the Cayman Islands Grand Court in 2023. It provides detailed summaries of the cases, which will be helpful for those needing to consider recent developments in particular areas of trust law in the Cayman Islands. The cases cover issues in relation to rectification, the continuation of proprietary injunctions, applications for directions when there is uncertainty as to the beneficial ownership of assets, the new statutory Hastings-Bass jurisdiction and the application of principles in determining the establishment of a Quistclose trust.

Changing of the guard: the delicate jurisdiction of trustee removal and the balance of power

Jessica Henson and Clementine Dowley

In this article, Jessica Henson and Clementine Dowley of Payne Hicks Beach LLP consider recent developments in the jurisdiction of trustee removal. Noting the multiplicity of ways in which a trustee’s office can be challenged, the ever-present threat of costs sanctions and the potential for removal to be used to thwart a trustee’s discretion, the authors reflect on the value of consistent trusteeship and whether, in that context, there is a risk that trustee removals (whether forced or voluntary) are being effected too easily.

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