Hong Kong rules that trustees are protected under anti-Bartlett clauses

Pedro Gonçalves
clock • 2 min read

Hong Kong has said that trustees are protected by anti-Bartlett clauses, in a decision bound to reverberate through the private wealth and trusts world. Hong Kong Court of Final Appeal (CFA) established that so-called anti-Bartlett clauses in the trust deed of a Jersey family trust exempted the trustees from any liability for losses incurred in transactions by the trust's underlying investment company, in what was know as the Zhang and Ji v DBS Trustee case. The Court of Final Appeal reversed the Court of Appeal's findings and ruled that the anti-Bartlett clause contained in the trust...

To continue reading this article...

Join International Investment

Join International Investment today

Unlock members-only benefits:

  • Unlimited access to real-time news, industry insights, video features and market intelligence
  • Stay ahead of the curve with spotlights on international financial centres, regional trends international advice and global industry leaders
  • Receive breaking news stories straight to your inbox in the daily newsletters
  • Hear the latest cross jurisdictional developments in wealth planning, tax, regulation, investing, retirement and protection
  • Members-only access to the Editor’s weekly news roundup newsletter
  • Members-only access to analysis via our exclusive industry polls
  • Be the first to hear about our events and awards programmes

Join now


Already a International Investment member?