- Jersey court declines to follow Bermuda court on the role of protectors (In the matter of the Piedmont and Riviera Trusts)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Private Client analysis: The Royal Court in Jersey held, disagreeing with a recent judgment of the Supreme Court of Bermuda, that protectors of trusts with a veto over certain trustee decisions have a genuine discretion to exercise, and are not limited to a rationality review of the trustee’s decision-making process. It further held that protectors are entitled to understand what a trustee’s reasons for their discretionary decisions are before deciding whether or not to consent. Written by Robert Christie, partner at Bedell Cristin, Jersey.
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