High Court invalidates trust protector resolution clauses that oust judicial jurisdiction.

In a US$50 million dispute involving the Moss Trust, the High Court struck down a clause granting trust protectors absolute discretion to resolve ambiguities. The court determined that such provisions cannot be used to contractually bypass judicial oversight.

Why it mattersPractitioners may need to review and revise trust deeds to ensure protector powers do not inadvertently oust the court's jurisdiction, which could render such clauses unenforceable.