April 24 2017
START DATE
END DATE
May 19 2017
IN THE MATTER OF A TRUST (CHANGE OF GOVERNING LAW)
COURT:
LAW:
JUDGE(S):
CLAIMANT'S LAWYER:
DEFENDANT'S LAWYER:
The Supreme Court of Bermuda
CIVIL JURISDICTION
IAN RC KAWALEY CJ
Brian Green QC Jeffrey Elkinson
Francis Barlow QC David Kessaram Craig Rothwell
FACTS OF THE CASE:
A trust differential provision for legitimate and illegitimate children proposed changing the governing law from Caymanian to Bermudian to abolish legal distinctions between legitimate and illegitimate children under the Children Act 1998. The court was asked to declare whether this change would trigger the application of sections 18A to D of the Children Act 1998 to the Trust.
SUMMARY:
Whether changing the governing law of the Trust from Caymanian to Bermudian law would trigger the application of sections 18A to D of the Children Act 1998.
OUTCOMES:
The court granted the declaration that changing the governing law would not trigger the application of sections 18A to 18G of the Children Act 1998 to the Trust.
RULED IN FAVOUR OF:
Trustee
PLAINTIFF/CLAIMANT
DEFENDANT:
DURATION (DAYS):
ISSUES:
RELEVANCE:
RULING:
RULING TYPE:
CASES CITED:
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IN THE MATTER OF A TRUST (CHANGE OF GOVERNING LAW)
A trust differential provision for legitimate and illegitimate children proposed changing the governing law from Caymanian to Bermudian to abolish legal distinctions between legitimate and illegitimate children under the Children Act 1998. The court was asked to declare whether this change would trigger the application of sections 18A to D of the Children Act 1998 to the Trust.