Mello Jones & Martin · Barristers and Attorneys

Guide to Bermuda Trusts

Michael J. Mello, Q.C., J.P., T.E.P. · December 1st, 2003

General

  • Location and Accessibility
  • Background and Legal System

Trust Law

  • Development of Trust Law
  • Legislation
  • Types of Trusts and Their Uses
  • Protection of Creditors

Proper Law of a Trust

  • Choice of Proper Law
  • Requirements to Give Effect to Choice of Proper Law and Effect of Choice of Proper Law
  • Changing the Proper Law
  • Foreign Laws - Conflict
  • Hague Convention on Trusts

Creation of a Trust

  • Trust Settlement
  • Trust Property
  • Duration and Remoteness of a Trust
  • Beneficiaries
  • Trustees
  • The Trust Deed
  • Formalities

Administration

  • General Management of Trusts
  • Distribution from Trust
  • Trustees' Meetings and Resolutions
  • Employing Agents
  • Change of Administrators

Taxation and Fiscal Regulations

Confidentiality and Non-Disclosure

Proceeds of Crime and Tax Evasion Offences

Statutes

  • The Trustee Act 1975
  • The Trustee Amendment Act 1999
  • The Trusts (Special Provisions) Act 1989
  • The Trusts (Special Provisions) Amendment Act 1998
  • The Perpetuities and Accumulations Act 1989
  • The Bankruptcy Act 1989
  • The Trust Companies Act 1991
  • The Conveyancing Amendment Act 1994
  • The Taxes Management Act 1976
  • The Taxes Management Amendment Act 1999
  • The Proceeds of Crime Act 1997
  • The Proceeds of Crime Amendment Bill 2000

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