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Often a trust gives powers to someone other than the trustee, usually because the settlor wishes to introduce a third party into the trust in order to police the actions of the trustee. The “protector” of the trust or advisor, committee or appointer,...

The recent changes in Government’s financial assistance policy have highlighted a need for both employers and employees to ensure that processes for the termination of employment are in place and are adhered to. The changes will mean that those emplo...

The difficult economic conditions in Bermuda have led to an increase in the number of borrowers who are defaulting on their obligations to repay loans from the Island’s banks, or other lenders. This increase has led to banks or other lenders taking s...

Knowing and following the legal formalities for executing a written agreement are vitally important as failure to do so could render an agreement unenforceable or void. Valid execution can be governed by many factors, including the type of document b...

Tanies Act 1981 (the “Act”) sets out specific requirements to which every Bermuda company must adhere. These requirements include having a local registered office address, and that various statutory books be kept at the registered office. The registe...

The UK Bribery Act 2010 (the “Bribery Act”) is new legislation that will completely overhaul English laws on bribery and corruption. The far-reaching powers of the Bribery Act will not only have implications for individuals and companies operating wi...

The Law Reform Commission will be fully operational by April 1, Justice Minister Michael Scott announced yesterday. MPs passed the Law Reform Commission Act in June 2009, but former Justice Minister Kim Wilson blamed an upsurge in violent crime for d...

Not only does Bermuda have an extremely vibrant offshore trust sector, but many Bermudians have created their own trusts. Trusts are commonly created (sometimes in Wills) to provide for a surviving spouse, for minor beneficiaries or those suffering f...

A growing number of offshore jurisdictions have responded to settlors’ desires to retain control over settled assets by introducing legislation that enables them to categorically reserve certain powers and rights over a trust. Some settlors, for exam...

Minister of National Security David Burch will spearhead a campaign aimed at making it easier to demolish abandoned buildings used for illegal activity. Addressing the Senate this morning, Senator Burch said the existing protocol is complicated and l...

Sole property owners in Bermuda often protect their spouses’ interest in the property by granting them a “life interest” in the home after the sole owner’s death. This happens most often where a husband is the sole owner of the property, and wills th...