The capacity jigsaw

• Mental capacity, whether capacity to exercise power of amendment of trust deed.
• The level of understanding required depends on the circumstances of each case.

Whether or not a person has the requisite mental capacity to exercise a power under a trust deed is often not easy to establish. The Grand Court of the Cayman Islands had to consider this question recently in CI Trustees Ltd v RDK & GMB (2018) FSD 199 of 2015(IKJ) and the case provides useful guidance as to the standard of proof, evidence and other relevant considerations required to determine the question, often in circumstances where facts and circumstances are case specific.

Facts

Proceedings in CI Trustees Ltd v RDK and GMB (2018) FSD 199 of 2015(IKJ) Grand Court of the Cayman Islands (FSD) were started by the trustee on 9 December 2015 to determine who was the true beneficiary of a trust (the O Trust) declared by the settlor.

• The