By Cheri Minors, Keith Robinson
The Supreme Court of Bermuda has confirmed once again its willingness to order Confidentiality Orders in cases that involve the administration of private trusts. In the 2018 case of In the Matter of the E Trust (the “E Trust”) Acting Justice, Shade Subair Williams (subsequently appointed as a Puisne Judge) reaffirmed previous rulings that private trust proceedings can be anonymized and heard privately in Chambers.
Section 47 of the Trustee Act 1975 (“Section 47”) provides the Bermuda Court with the power to provide trustees with the power to restructure trusts in certain circumstances
where the requisite power being sought is absent from the trust deed. Under Section
47 the Court has jurisdiction to grant such powers to a trustee when it is “expedient”.