Scotiabank and Trust (Cayman) Ltd v Cora Louise Smith Brossard and Ors - Reasons for Decision
Application by Trustee under Section 63 of the Trusts Law (2011 Revision) for powers to alter the administrative arrangements of the Trust by creating subdivisions of the Trust Fund - no such power given in Trust Deed - circumstances under which it would be appropriate to grant such powers; Trustee application under Trusts Law s.63; Whether court can grant administrative, not dispositive, powers; Power to subdivide trust fund into sub‑funds; Expediency test; No alteration of beneficial entitlements; Modernisation of trustee administrative powers; English s.57 Trustee Act parallels; Appropriateness of granting general power absent specific transaction
| Cause Number | FSD 0082/2015 (ASCJ) |
|---|---|
| Court | CIGC (FSD) |
| Judge | Smellie CJ |
| Parties | Scotiabank and Trust (Cayman) Ltd v Cora Louise Smith Brossard and Ors - Reasons for Decision |
| Judgment Date | 2015-10-08 |
| Subject | Application by Trustee under Section 63 of the Trusts Law (2011 Revision) for powers to alter the administrative arrangements of the Trust by creating subdivisions of the Trust Fund - no such power given in Trust Deed - circumstances under which it would be appropriate to grant such powers; Trustee application under Trusts Law s.63; Whether court can grant administrative, not dispositive, powers; Power to subdivide trust fund into sub‑funds; Expediency test; No alteration of beneficial entitlements; Modernisation of trustee administrative powers; English s.57 Trustee Act parallels; Appropriateness of granting general power absent specific transaction |
| Filename (current) | 15-10-08-Scotiabank-and-Trust-v-Brossard-et-al.pdf |
The full text of this document is available to readers on this page. It is not served to automated crawlers.