Trust Series

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Trustee Liability


The Virtual Round Table (VRT) series of talks brings together senior industry practitioners to gain insight and understanding of legal, tax and private wealth issues facing HNW individuals and families across Asia.

In this VRT we shall consider the potential liability exposure of Singapore trustees, settlors and protectors.

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4 Case Studies will be considered:

1. The first case study will consider whether Singapore trustees, settlors and protectors may validly exclude negligent liability, including “gross” negligence, and whether the settlor of a reserved power trust stands in a fiduciary position;

2. The second case study will consider the effectiveness of a “Bartlett” clause where trustees effectively supervises the activities of underlying companies. The future use of Bartlett clauses will then be considered, particularly in light of recent FATF TCSP guidance;

3. The third case study will consider the liability position of a private trust company (PTC) and its directors, and basis on which trustee removal proceedings may be brought against a PTC;

4. The fourth and final case study will consider whether a trustee, settlor or protector may rely on a foreign law trust locally administered in Singapore to provide additional liability protections.


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