Private client, trusts and tax in Guernsey

Carey Olsen (Guernsey) LLP

Carey Olsen has a market-leading presence in the private trust and family office sectors, regularly handing multimillion and multibillion-dollar restructuring and establishment exercises for a lengthy client list of high-net-worth individuals and their advisers, as well as receiving referrals from leading London law firms. The team which includes practice head Russell ClarkKonrad Friedlaender and Natasha Kapp, is also well-equipped to handle trust company M&A, as well as semi-contentious trust rectification mandates and trust litigation. Counsel Patricia Montgomery often advises fiduciaries on regulatory obligations, estate administration and inheritance laws, while Laila Arstall is recommended for her knowledge of tax issues relating to the structuring of offshore pension arrangements.

Practice head(s):

Russell Clark

Testimonials

Carey Olsen has a large pool of talent to call upon with an excellent complimentary skill set

Impressive depth and breadth of knowledge across different subjects and jurisdictions

Responsive and professional, with strong leadership and attention to detail

An exceptional firm that has always been able to deliver what is needed in a constructive, timely and professional manner

An extremely pleasant practice to deal with, with a high degree of knowledge and experience

Delivers a commercially focused, high-value service

Natasha Kapp has an impressive depth of knowledge

Russell Clark is authoritative and influential

The team is incredibly responsive with well thought out and logically presented advice

Key clients

Butterfield Trust

Northern Trust

Intertrust

RBC

Mourant

Mourant works seamlessly with its global presence to offer an international-focussed service to an expansive client roster of private client, trust companies and multinational financial services companies. Practice head Matthew Guthrie and Mark Torode handle non-contentious matters including the establishment of significant trust, foundation and underlying corporate structures, multi-jurisdictional restructuring exercises and the sale of businesses held within trust structures. The team has further expertise in developing, maintaining and winding-up pension schemes and employee-benefit trusts, and can call upon a strong disputes team for trust litigation. Senior associates Catherine Moore and Chris Duncan play a significant role in a substantial list of non-contentious and contentious issues respectively.

Practice head(s):

Matthew Guthrie; Edward Devenport

Testimonials

‘The team combines various levels of seniority and experience to ensure that work is generally carried out at the right level. Matthew Guthrie and Catherine Moore are accessible, friendly and knowledgeable.’

‘The preeminent Guernsey team for non-contentious trusts matters.’

‘Of all the offshore law firms, Mourant really understand private wealth. Their team has strength in depth and breadth and the quality of their lawyers is second to none.’

‘Matthew Guthrie is professional, client-centred, creative, pragmatic and talented. He understands the law, and more importantly partners with us to apply it in novel ways to meet our client requirements. He is available whenever we need him.’

‘Matthew Guthrie is significantly technically ahead of his competition and his team benefits from that expertise.’

‘Matt Guthrie is the standout lawyer in Guernsey. He combines excellent intellect with superb client handling skills and great commerciality.’

Key clients

Albany Trust Company Limited

Albecq Trust Company Limited

Butterfield Trust (Guernsey) Limited

Credit Suisse Trust Limited

Deutsche Bank

Intertrust

Julius Baer

Nerine Trust Company Limited

Northern Trust

PraxisIFM Group

Rothschild Trust (Guernsey) Limited

Royal Bank of Canada

Saffery Champness

St Peters Trust

Trident Trust

Trust Corporation International

Ogier

Owing to considerable team expansion in recent years, Ogier’s private client and trusts practice is a truly full-service offering, spanning all issues concerning the formation and administration of trusts, foundations and other complex wealth structures. The team also handles fiduciary and regulatory compliance, cross-border trust disputes, pension and employee benefit scheme wind-ups and probate advice. Gavin Ferguson is cited for his structuring expertise with working for ultra-high-net-worth individuals, while the extensive client list further includes trustees, beneficiaries, family offices and financial institutions. Senior associate Alice Bricogne is noted for her expertise in the growing semi-contentious trust field, handling amendments to "ill trusts" necessitating  fiduciary reappointments and trustee removals via Royal Court applications.

Practice head(s):

Gavin Ferguson

Other key lawyers:

Alice Bricogne

Testimonials

Ogier has first-class interpersonal and communication skills

Ogier is knowledgeable and authoritative and provides a calm and considered opinion

A highly professional and proactive team

Gavin Ferguson is highly regarded and respected

Alice Bricogne is an absolute delight to deal with

Alice Bricogne has a razor-sharp legal mind but differentiates herself from almost all of the competition with a communication style and proactive nature that is rarely surpassed

Alice Bricogne and Gavin Ferguson are excellent

Appleby

Appleby regularly advises the firm’s corporate clients with a range of non-contentious issues including due diligence on corporate transactions, template trust agreement reviews, company director advice, anti-money laundering requirements and pension and employee benefit trust issues arising from M&A transactions. The team also fields expertise with breach of trustee duty applications, trust restructuring exercises, structure wind-ups and foundation migration exercises. Alison MacKrill and Richard Field (in the dispute resolution department) also cite a particular strength in advising fiduciaries on data protection issues.

Practice head(s):

Alison MacKrill

Other key lawyers:

Paula Fry; Richard Field

Testimonials

The Appleby team is proactive and accessible with a good sense of commercial awareness. Owns the matter and get the job done, often against tight timelines

Alison Mackrill and Paula Fry are excellent

Very knowledgeable with fiduciary matters and the quality of work is exceptional

Babbé LLP

Babbé LLP has developed a strong presence in the field of family office structuring, advising a substantial list of international families with the development and governance of bespoke wealth structures, with senior associate Elena Gogh an emerging name in this field. The team is regularly instructed to handle the establishment, migration and operation of private trusts and foundations, while Nicholas Donnithorne is a sought-after expert in the field of pension, employee benefit and commercial trust structures.

Practice head(s):

Nicholas Donnithorne

Other key lawyers:

Elena Gough

Collas Crill

Collas Crill’s recent highlights evidence a particular strength in the growing semi-contentious space, with the team handling the division of trust settlements arising from family disputes, set-aside applications, trustee replacements and breach of trust claims. Angela Calnan assists the team’s growing client base of local and international private clients, banks and trust companies with the full range of non-contentious matters including the establishment and administration of wealth structures, and is noted for her experience with clients from the Arab world. Joanne Seal leads a commendable wills and probate practice which encompasses succession and estate planning matters. Kerrie Le Tissier is now a professional support lawyer.

Practice head(s):

Angela Calnan; Joanne Seal

Testimonials

‘Excellent team with good knowledge and responsive to client needs.’

‘The team are all very approachable, efficient and responsive. They are more user-friendly than some of their competitors.’

‘The team are incredibly personable, it is so easy to pick up the phone and speak to any one of them and get a direct response and an initial opinion. They have an answer for most things and if they need to ‘have a look at it’ you always get a response the same day which is imperative as most modern clients work within short time parameters.’

‘Greg Haddow – exceptional knowledge and service from this associate. He is one to watch for the future as he is a shinning star.’

‘Angela Calnan has a great way of putting people at their ease while also filling you with confidence that she knows exactly what she is doing.’

‘Angela Calnan leads from the front with her team. She has a great sense of humour and can lighten even the toughest of situations. She also is incredibly hard working and knowledgeable and someone you can always rely on.’

Greg Haddow is cut from the same cloth as Angela Calnan and will be leading a team in no time. He is great at engaging clients and getting us to think of the situations ourselves (and not just giving us his opinion) and is always there at the end of the phone to discuss any matter.’

WALKERS

WALKERS has expanded its private client and trust offering with a number of specialist hires and now offers a full-service non-contentious offering to a client roster of international family offices, trust companies, HNWIs, local fiduciaries and international banks. Recent mandates have highlighted the practice’s expertise with structuring and restructuring global wealth and asset protection structures, trust administration and management, regulatory and fiduciary duty advice and wealth relocation exercises. Practice head Rupert Morris also fields expertise concerning semi-contentious trust split-ups and “dry trust” liquidation.

Practice head(s):

Rupert Morris

Testimonials

Thorough and practical

Bespoke and user-friendly

Walkers provides excellent, responsive service together with practical advice adding value throughout

Rupert Morris is extremely accommodating, sharp and attuned to the more subtle points surrounding this area of law. He “gets it” without any effort and is always two steps ahead

Rupert Morris provides exceptional service and is proactive and responsive

Key clients

Rothschild Trust (Guernsey) Limited

Imperium Trust Company Limited

Trust Corporation of the Channel Islands (TCCI)

John Clough

David Rubin & Partners

Estera Fiduciary Services (Guernsey) Limited

Alpha & Omega Global Investments Sarl

TT International Limited

Stevens & Bolton LLP

Work highlights

  • Represented Rothschild Trust as trustee in the restructuring of a large multijurisdictional trust structure.
  • Represented Imperium Trust in its successful sale of a managed trust company business.
  • Advising the protector of a number of Guernsey trusts on a Royal Court application to split up the trust.
  • Advising Estera on administrative matters relating to a large number of trust structures in its care.

AFR Advocates

Contentious trust work comprises the bulk of AFR Advocates’ practice, with noted expertise acting on pension trust deficit claims, probate disputes including breach of trust claims and semi-contentious control-of-asset applications. Peter Stahelin often handles non-contentious mandates including the voluntary termination of trusts, establishment and administration of trusts and general fiduciary and Guernsey trust law advice.

Practice head(s):

Paul Richardson; Peter Stahelin

Testimonials

Provides personal and competent advice

Provides prompt response times, a quick understanding of the key issues, and practical and pragmatic advice

Peter Stahelin is a competent partner giving good advice and service in the commercial field