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May 16 2017

START DATE

END DATE

May 26 2017

In the Matter of a Trust (Survival of Overriding Power of Appointment Despite Vesting of Beneficial Interests)

COURT:

LAW:

JUDGE(S):

CLAIMANT'S LAWYER:

DEFENDANT'S LAWYER:

The Supreme Court of Bermuda

Trusts Civil Law

IAN RC KAWALEY CJ

Christian Luthi

None

FACTS OF THE CASE:

The trustee sought to extend the duration of the Trust by 1000 years questioning whether the vesting of beneficiaries? interests extinguishes an overriding power of appointment

SUMMARY:

Whether an overriding power of appointment survives vesting of beneficiaries? interests

OUTCOMES:

The court ruled in favor of the Trustee allowing the extension of the Trust's duration by 1000 years affirming that the overriding power of appointment survives vesting

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 (Survival of Overriding Power of Appointment Despite Vesting of Beneficial Interests)

The trustee sought to extend the duration of the Trust by 1000 years questioning whether the vesting of beneficiaries? interests extinguishes an overriding power of appointment

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