Case Law Update: Trustee Disclosure After the 2026 Decisions

Beneficiary disclosure remains a matter of the court's supervisory jurisdiction rather than a proprietary right, but recent decisions have sharpened the factors that weigh in a beneficiary's favour.

Trustees should assume that a refusal to disclose will be tested, and should document the reasoning behind each disclosure decision at the time it is made.

For offshore structures, the practical risk is inconsistency between jurisdictions; a coordinated disclosure policy across the structure is now close to essential.