Is their wish your command? Thoughts for trustees and settlors on letters of wishes

It is common practice when a trust is established for the economic settlor to provide a letter of wishes, addressed to the trustees of the trust, setting out their wishes with respect to the administration of the trust. For the trustees, such letters are often a valuable insight into the rationale for the establishment of the trust, how the trust assets are to be utilised and other background information about the family of the settlor and/or beneficiaries.

Related briefings

BVI Economic Substance – ITA commences audit process

Following the introduction of the Economic Substance (Companies and Limited Partnerships) Act, 2018 and the passing of the deadline for the first filings thereunder to be made by BVI entities, the BVI International Tax Authority (ITA) has now begun making targeted audit requests to verify the “relevant activities” carried out by BVI entities which have made their mandated economic substance filings.

There is such a thing as a good divorce

The idea of divorce often still conjures images of warring spouses and courtroom showdowns. However, although almost all separations will be emotional, bitter fights over finances and access to children are not the inevitable outcome of a separation and there is a growing trend for parties to turn to services which offer a less combative approach to separations. Take Bill and Melinda Gates for example, they are the latest high-profile pairing to divorce with seemingly minimal fallout.

Data protection act enters into force in the BVI

On 9 July 2021, the Data Protection Act, 2021 (the DPA) came into force in the British Virgin Islands. The DPA applies to all BVI companies, limited partnerships and other entities that process, have control over or authorise, the processing of, personal data anywhere in the world.

Latest Briefings

Portugal: Rent updating coefficient to apply in 2022

Under article 24 of Law 6/2006 of 27 February, which approved the New Urban Renting Rules, and article 11(5) of Decree-Law 294/2009 of 13 October, which approved the New Rural Renting Rules, the National Statistics Institute is responsible for calculating the annual rent update coefficient applicable to urban and rural leases. This coefficient must then be published in a notice appearing in the official gazette, Diário da República, no later than 30 October of each year.

How will costs be treated in a no-fault divorce?

At the end of this month, court fees are increasing. The change is the result of a consultation led by the Ministry of Justice earlier in the year which considered whether court fees should be increased by inflation.

Limited network exemption under PSD2 – EBA consults on Draft Guidelines

In summer 2021 the European Banking Authority published Draft Guidelines on the limited network exemption under the Payment Service Directive 2 for consultation. The Draft Guidelines are meant to foster supervisory convergence amongst the EU’s national competent regulators.

Energy Innovators Roundtable series: Reshaping regulation to recognize the imperative for technological change

Whether they like it or not, energy regulators are the new gatekeepers of the technology shift that is needed to meet Canada’s carbon reduction goals. This will require significant and near-term changes to the construct under which Canada’s utilities have traditionally been regulated. Traditional regulation doesn’t incent utilities to retire technology simply because something better has come along. Should regulation transition from “used and useful” to “better”? Join Gowling WLG for the first 2021 roundtable in the Energy Innovators Roundtable series.

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