Technical 31 March 2023 Issue 2 Ashley Fife

Exclusion delusion

Ashley Fife considers the limits of scope of trustees’ powers to add or exclude beneficiaries, following the landmark judgment in Grand View PTC v Wong

Key points

What is the issue?

In the landmark judgment in Grand View PTC v Wong, Bermuda’s final appellate court, the UK Privy Council, considered the limits of fiduciary powers to add and exclude beneficiaries and other amendment powers.

What does it mean for me?

When asked to make material changes to a trust, trustees ought to carefully consider their powers and approach to ensure any such changes will be valid.

What can I take away?

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