The Privy Council closes with a wide Facts and judicial history The Privy Council's decision Key takeaways: Three telling features of the Trust Instruments

Exploring Offshore Litigation · Mar 25, 2026 · 8m

A long-standing question in offshore trust practice concerns the role of the protector and the nature of their power.

When a trust instrument requires a protector's consent before trustees can act, does the protector simply check that the trustees' decision is lawful and rational, or can the protector form its own independent view on whether the proposed course of action serves the beneficiaries' interests?

These two competing positions have become known as the "Narrow Role" and the "Wider Role." Under the Narrow Role, the protector satisfies itself only that a reasonable and properly…