Chief Justice presents paper on Bermuda trust law at Miami summit

Chief Justice Ian Kawaley presented a paper on Bermuda Trust Law at the International Trust and Tax Summit in Miami on Tuesday, November 19, 2013.

Justice Kawaley explained the general approach of Bermuda’s courts to applications by trustees in relation to the internal administration of trusts. His paper noted that: “Since as early as 1936, Bermudian banks have been empowered by statute to act as trustees and provide trust administration services to, primarily, wealthy settlors domiciled abroad in onshore ‘metropolitan’ jurisdictions”. And although “Bermuda trust law is predominantly influenced by English law principles, the application of those principles in practice will inevitably reflect the distinctive character of Bermuda’s legal soil”.

The panel entitled ‘View from the Offshore Bench’ was moderated by renowned trust law expert Justice David Hayton of the Caribbean Court of Justice and included Caymanian Chief Justice Anthony Smellie as well as Bermuda’s Chief Justice.