The Bahamas – Protecting the Confidentiality of Trusts
By Sean N. C. Moree,
Section 83 of the Trustee Act is an enactment unique to the Bahamian jurisdiction which attempts to codify the rights and obligations of
trustees in relation to disclosure. The disclosure of trust information by trustees has been the subject of judicial debate for centuries;
and as trusts have developed so too has the jurisprudence on the rights of beneficiaries and third parties to trust information and documentation. Recently, the trust has come under intense scrutiny from regulators and
tax agencies alike, so the clarity Section 83 provides not only assists the appointed trustee and designated beneficiaries, but provides comfort to settlors who wish to keep their wishes private and desire to shield his/her trustee from unwanted interference.
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