Protector Role in Trusts – Clarity at Last

On 19 March 2026, the Judicial Committee of the Privy Council (the JCPC) handed down its much-anticipated judgment in the Bermuda case generally known as Re X Trusts [2026] UKPC 11.

The JCPC was grappling with two vastly different lines of authority regarding the role of the protector in discretionary trusts. For example, there was a clear divergence between the position adopted by the Courts in Bermuda and the Courts in Jersey. In Bermuda, the Courts in Re X Trusts favoured the “Narrow Role” (where the protector’s task is strictly limited to reviewing the legality of the trustees’ proposal). This contrasts with the position adopted by the Jersey Courts, notably by Former Bailiff Sir Michael Birt in Re Piedmont Trust & Riviera Trust [2021] JRC 248, who favoured the “Wider Role” (whereby the protector is entitled to form his own view of the merits of the trustees’ proposal and may legitimately veto the proposal even if it is one within the range of decisions which the trustees could lawfully make).

The JCPC has now clarified the position and unanimously approved the  “Wider Role”, which is what many offshore trust experts were expecting. A copy of the full JCPC judgment can be read here. The JCPC also provided useful commentary on the legal principles regarding implied terms. Trustees and settlors are advised to consider this judgment carefully against the provisions of their relevant trust deeds.

For information on how Maher Law’s specialist dispute resolution team can assist in complex offshore trust litigation, please contact Legal500 Hall of Fame advocate Tom Maher at tom@maher.im.

20 March 2026