Oct 2015
##BRITISH VIRGIN ISLANDS
###COURT OF APPEAL
####CIVIL APPEAL – TRUST DEED – DISCRETIONARY TRUSTS – DEED OF APPOINTMENT – POWER OF APPOINTMENT UNDER TRUST – WHETHER POWER OF APPOINTMENT IN TRUST DEED PERMITS TRUSTEE TO EXCLUDE A NAMED BENEFICIARY FROM THE OBJECTS OF A DISCRETIONARY TRUST IN ADVANCE OF APPOINTING CAPITAL TO OTHER NAMED BENEFICIARIES
This is an Appeal against the Learned Judge’s refusal to sanction the terms of a draft deed of appointment, the effect of which would be to disentitle the Settlor from benefiting under the trust deed, on the basis, _inter alia_, that the Trustee had no power to vary the Trust deed as contemplated by the draft deed of appointment and would be a nullity.