Object
Professional trustees often seek a wide-ranging, all-encompassing exemption from liability under a specific clause in the trust instrument. The range of conducts for which trustees may be validly exonerated has a direct impact on the protection of beneficiaries. Statutes and case law vary remarkably in this respect across the leading trust jurisdictions.
This webinar will explore the rules relating to trustee exemption clauses in England, Guernsey, Jersey and Scotland as well as the present status of the Bartlett clauses.
Programme
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Paolo Panico, Chair - Introduction
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Maurizio Lupoi, University of Genoa: Roman fraus and equitable fraud
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Toby Graham, Partner, Farrer & Co, London: The evolution of English law
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Paul Matthams, Partner, Stonehage Fleming Family Office, Jersey: Exemption clauses in Jersey
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Rupert Morris, Partner, Walkers, Guernsey: Bon père de famille in Guernsey
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Ian MacDonald, Partner, Wright, Johnston and McKenzie LLP, Glasgow: Culpa lata in Scottish law
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David Hayton, Consultant, Lennox Paton, Nassau: The Bartlett clauses after IQ EQ in the Hong Kong Court of Final Appeal
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Paolo Panico, Chair - Conclusions