Privy Council ruling has major implications for Cayman’s trusts
A 19 March ruling from the Judicial Committee of the Privy Council has reset the balance of power between trustees and protectors in some trusts. The ruling came in response to an appeal from a case in Bermuda but is likely to be felt across offshore jurisdictions such as Cayman, where the Privy Council is the final court of appeal.
A protector has the power to veto a proposed decision by a trustee but until now – and depending on the terms of the trust – the extent of that veto was debatable. Some considered that the protector could only veto the decision on the grounds that it was illegal or irrational. This, so-called ‘narrow role’, was upheld in recent cases by the Supreme Court of Bermuda and the Court of Appeal of Bermuda. For a more complete summary of the story, please see the below link:
Published on: Mar 26, 2026 03:45 PM