Trustees be warned – think before you exclude!

The power to exclude a beneficiary from a trust must be exercised with due care, failing which an excluded beneficiary may be able to obtain relief from the court.

Related briefings

The BVI year

In this article, originally published in the July 2021 South Square Digest, co-heads of Harneys’ global Litigation, Insolvency and Restructuring group Phillip Kite and Peter Ferrer give an update on the legal developments in the British Virgin Islands over the past year.

BVI court has the power

In the recent decision of the BVI Commercial Court in Hydro Energy v Zhaoheng, the court continued the appointment of provisional liquidators and refused to stay the underlying application to wind up a BVI company on just and equitable grounds, notwithstanding that the applicant had already commenced arbitration proceedings in Hong Kong pursuant to which interim relief had already been granted.

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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