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.
Authors
- Nigel Bruce
- Sam Riihiluoma
Institutions
- Apple (Israel) (IL)
- Bermuda College (BM)
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