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Obtaining Beddoe relief where a third party claim may exhaust trust assets

Published on: 02 June 2017
Published by: LexisPSL
  • Obtaining Beddoe relief where a third party claim may exhaust trust assets
  • What issues did this case raise?
  • What did the court decide and what are the practical implications?
  • To what extent is the judgment helpful in clarifying the law in this area?
  • What are the implications for practitioners? What will they need to be mindful of when advising in this area?
  • Are there still any unresolved issues practitioners will need to watch out for? If so, how can they avoid any possible pitfalls?
  • To what extent will the decision be persuasive in other jurisdictions?

Article summary

Private Client analysis: The Grand Court of the Cayman Islands has granted Beddoe relief to a trustee, in circumstances where a successful third party claim would have exhausted the trust assets. Rachael Reynolds, partner, and Shaun Maloney, associate at Ogier, examine the case of X (as Trustee of the A Trust) v Y (as Beneficiary of the A Trust) (unreported) 15 March 2017, Smellie CJ and assess the extent to which the decision will be persuasive in other jurisdictions. or take a trial to read the full analysis.

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