Anti-Bartlett Provisions - Back on Track

In a judgment delivered on 22 November 2019, the Hong Kong Court of Final Appeal has determined the extent to which ‘anti-Bartlett’ clauses commonly found in trust instruments are effective to relieve trustees of supervisory duties relating to the trust. In a ruling that will be of comfort to the trust industry, the court found that anti-Bartlett clauses were effective to relieve trustees of supervisory duties and any liability which flowed from the failure to exercise supervisory powers. Although the case was heard in Hong Kong, the law of the trust was that of Jersey, so will be of particular interest in the Channel Islands.

 

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BERMUDA
Nicole ToveyPartnerT +1 441 242 1512nicole.tovey@walkersglobal.com

BRITISH VIRGIN ISLANDS
David PytchesPartnerT +1 345 814 6831 david.pytches@walkersglobal.com

CAYMAN ISLANDS
David PytchesPartnerT +1 345 814 6831 david.pytches@walkersglobal.com
Shelley WhitePartnerT +1 345 914 4205shelley.white@walkersglobal.com

GUERNSEY
Alison OzannePartnerT +44 (0) 1481 748 905alison.ozanne@walkersglobal.com

JERSEY
Nigel SandersPartnerT +44 (0) 1534 700 862nigel.sanders@walkersglobal.com