Judicial decisions explore options for trustee retirement amidst replacement challenges, suggesting better solutions exist.
What should a court do if the sole trustee or only trustees want to retire but no replacement can be found? In a recent decision of the Grand Court of the Cayman Islands, Re O Trust [2025] CIGC FSD 56, the solution was for the trustee to be “held before the court” without discharge until a replacement trustee could be found. This article explores what that concept may mean and concludes that it is an antiquated and unhelpful response in circumstances where more modern and effective remedies are available to ensure the continued administration of the trust.
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James Anson-Holland (2026) studied this question.
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