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Maroc Maroc - HARNEYS.COM - A La Une - 09/Sep 18:16

Trustee de son tort or not? Trust instrument invalidated ex tunc or ex nunc? BVI Court gives decisive answers to both questions

In a welcome decision of the BVI Commercial Court in its recent decision in the case of Ieremeieva v Estera Corporate Services (BVI) Limited, the court considered and clarified the positions as a matter of BVI law on (i) the requirements for establishing a person as a trustee de son tort and (ii) the reference date in determining whether an invalidated trust instrument is to be treated as invalidated ex tunc (from the date that it was executed) or ex nunc (from the date on which it was invalidated).

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