Trusts Law Reform

Trusts Law Reform

The Law Reform Commission submits for public comment a discussion paper entitled “Trust Law Reform”.  Following upon recent developments in the law of trusts in other jurisdictions, the Law Reform Commission has been asked to consider to what extent the Trusts Law (2011 Revision) could benefit from amendment. 

The Trusts (Amendment) Law, 2016 which is now in force deals principally with correcting inconsistencies in the transitional provisions of earlier trusts legislation and certain other matters falling within a fairly narrow compass. The review of the Law by the Commission is wider and the areas of trusts currently being examined to determine whether any reform is needed include the codification of the duties of trustees, the Hastings Bass rule, judicial and extra-judicial variation of trusts and the use of mediation and arbitration in trust disputes.