Cayman Island Trusts - a modern approach

A version of this briefing features in The STEP Journal, 2 February 2011, published by Society of Trust and Estate Practitioners.

The Cayman Islands did not undergo the fundamental reform of their mental health legislation that occurred in England and Wales with the passing of the Mental Capacity Act 2005 (the MCA), nor do the Islands have an equivalent to the English Court of Protection. However, the Grand Court has a number of procedures available to it in the event it is called upon to make a decision in the management of the property and affairs of a person who no longer has the capacity to look after their own finances and in a recent case, In Re D [2009] CILR 432, it considered the test that should be applied when doing so.

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