To surrender or not to surrender? That is the question
The March 2019 issue of
Trusts & Estates addressed possible circumstances that might lead trustees to make applications to the Court and the method by which they
would do so. In
H & Others v S Trustees et al,
1 the issue facing the trustee was whether to make distributions to discretionary beneficiaries following requests so as to
meet their legal costs. What makes this case particularly interesting is that the status of those beneficiaries seeking distributions
was the subject matter of the dispute before the court. Although this case emanates out of The Bahamas, the principles are
of universal application and it is believed that this is the first case of its kind to come before a common law court.
The rest of this document is only available to i-law.com online
If you are already a subscriber, please enter your details below to log in.