The evolution of the dynastic trust over time—an illustration of the Bermuda approach: <i>In the Matter of the B Trust 2024 No 238 (Supreme Court of Bermuda)</i>

Abstract In the offshore world, policy has generally shifted in favour of dynastic trusts unhindered by the rule against perpetuities, in order to avoid forced distribution of trust assets. However, one of the original purposes of that rule was to prevent assets being tied up in a restrictive way to the potential detriment of too many generations. The longer trusts endure, the greater the risk of conflict between express trust terms and the current beneficiaries’ needs, necessitating a robust judicial regime facilitating trust amendment. In The Matter Of The B Trust is a recent example of the Bermuda approach to this.

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Publication Details

Journal
Trusts & Trustees
Published
2025-03-27
DOI
https://doi.org/10.1093/tandt/ttaf014
Primary Topic
Legal principles and applications
Type
article
Field-Weighted Citation Impact
0.00
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article

The evolution of the dynastic trust over time—an illustration of the Bermuda approach: In the Matter of the B Trust 2024 No 238 (Supreme Court of Bermuda)

Nigel Bruce, Sam Riihiluoma
Trusts & Trustees
Legal principles and applications
article

The evolution of the dynastic trust over time—an illustration of the Bermuda approach: In the Matter of the B Trust 2024 No 238 (Supreme Court of Bermuda)

Nigel Bruce, Sam Riihiluoma
article en

Abstract

Abstract In the offshore world, policy has generally shifted in favour of dynastic trusts unhindered by the rule against perpetuities, in order to avoid forced distribution of trust assets. However, one of the original purposes of that rule was to prevent assets being tied up in a restrictive way to the potential detriment of too many generations. The longer trusts endure, the greater the risk of conflict between express trust terms and the current beneficiaries’ needs, necessitating a robust judicial regime facilitating trust amendment. In The Matter Of The B Trust is a recent example of the Bermuda approach to this.

Trusts & TrusteesVol. 31(4)
Apple (Israel) (IL), Bermuda College (BM)
Openalex Percentile: Top 91%
Legal principles and applications
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