Bermuda
| Jurisdiction | United Kingdom |
| Pages | 339-353 |
| Author | Anna Bruce-Smith,Ben Adamson |
21
BERMUDA
Anna Bruce- Smith and Ben Adamson
A. Jurisdiction 21.01
e Hague Convention on the Law
Applicable to Trusts and on their
Recognition 21.01
Conict of Law Rules 21.02
Additional Conventions 21.06
B. Recognition and Enforcement
of Foreign Judgments and Orders 21.07
C. Reserved Powers 21.11
Protectors 21.11
Statutory Reserved Powers 21.14
Sham 21.18
D. Asset Protection and Insolvency 21.19
E. Removal and Retirement of
Trustees and Protectors 21.26
Court’s Powers to Remove 21.26
Voluntary Retirement and Statutory
Powers of Retirement 21.27
Indemnities 21.29
F. Rights to Information 21.31
Condentiality Statutes and Case Law 21.31
Statutory Provisions in Relation to
Rights to Information 21.32
Provisions in the Deed 21.33
Protectors’ Right to Information 21.34
G. Guidance to Trustees, Protectors,
or Enforcers 21.35
Statutory Provisions 21.35
Administration Actions 21.36
Who Else Can Apply? 21.38
H. Involvement of Charitable Interests 21.39
Charities Legislation 21.39
Position of the Attorney General
(or Equivalent) 21.41
I. Alternative Dispute Resolution 21.43
J. Procedural Issues 21.44
K. Cases of Note 21.49
L. Special L egislation 21.50
Non- charitable Purpose Trusts 21.50
Re Hastings Bass Legislation 21.52
Perpetuities 21.53
Foundations Legislation 21.54
Private Trust Companies 21.55
Limited Liability Companies 21.58
Tax Information Exchange Laws
and Global Transparency 21.59
Benecial Ownership 21.62
Economic Substance 21.63
A. Jurisdiction
e Hague Convention onthe Law Applicable toTrusts
and ontheirRecognition
e UK Recognition of Trusts Act 1987 (‘RTA 1987’) was made applicable to Bermuda as
of 1 June 1989 by an Order in Council from the UK government. e RTA 1987 incorpor-
ates the key provisions of e Hague Convention on the Recognition of Trusts (the ‘Hague
Convention’). e Trusts (Special Provisions) Act 1989 (‘TSPA 1989’), one of Bermuda’s key
trust statutes, adopted certain provisions of the Hague Convention verbatim and came into
eect on 31 January 1990.
21.01
Anna Bruce-Smith and Ben Adamson, Bermuda In: International Trust Disputes. Second Edition.
Edited by: Steven Kempster, Morven McMillan, Alison Meek, Oxford University Press (2010).
© Oxford University Press. DOI: 10.1093/oso/9780198832737.003.0021
Get this document and AI-powered insights with a free trial of vLex and Vincent AI
Get Started for FreeStart Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
Start Your Free Trial of vLex and Vincent AI, Your Precision-Engineered Legal Assistant
-
Access comprehensive legal content with no limitations across vLex's unparalleled global legal database
-
Build stronger arguments with verified citations and CERT citator that tracks case history and precedential strength
-
Transform your legal research from hours to minutes with Vincent AI's intelligent search and analysis capabilities
-
Elevate your practice by focusing your expertise where it matters most while Vincent handles the heavy lifting
