Section 82
of International Trusts Order, 2000
Section 82
(1)
Subject to the provisions of subsection (2), an enforcer is entitled, in addition to any documents, information or other rights specifically provided for in the trust instrument, to examine and take copies of –
(a)
the financial records of the trust;
(b)
the trust instrument and deeds and other written instruments executed pursuant to the trust instrument;
(c)
opinions and legal advice of advocates and foreign lawyers received by the trustees, and to have all other information and access to documents to which a person with a vested interest under an ordinary trust is entitled under section 90.
48
BLUV as at 16th December 2010
(2)
Subsection (1) shall not extend to any documents brought into being for the purposes or in contemplation of any legal proceedings brought by the enforcer.
(3)
An enforcer has the same rights as a person with a beneficial interest under an ordinary trust to bring administration and other actions for the good of the trust and to make for the good of the trust any applications to the Court for an opinion, advice or direction or otherwise.
(4)
An enforcer has the rights of a trustee of an ordinary trust to protection, indemnity and payment of expenses out of trust property, and to make applications to the Court under section 51.
(5)
An enforcer has, on behalf of the trust, the same personal and proprietary remedies for breach of trust against a trustee and against third parties as a beneficiary of an ordinary trust.
Uncertainty.