The recent decision of the Royal Court of Guernsey in Bernheim v Krummenacher provides guidance on the Court’s jurisdiction to remove protectors and the circumstances under which intervention may be justified.
The case arose out of a dispute between the sole beneficiary of a substantial Guernsey trust and certain of its protectors, who resisted a restructuring of the trust’s investment management arrangements in which they had a personal interest.
The Court ordered the protectors’ removal and made several adverse findings against them.
This article by Cerisse Fisher and Charles Brewin in Trust & Trustees examines the decision, including the facts of the case, the guiding principles for the removal of fiduciary office-holders, and key takeaways for practitioners.
