Changing Places - Trustee Transfers Under Guernsey And Jersey Law

Introduction

One of the impacts that we are seeing at this stage of our emergence from the Global Pandemic is a notable increase in enquiries regarding potential changes of trustee – this trend appears to be driven by three key factors: M&A activity involving regulated financial services providers; trustees taking a different view on risk appetite during times of market disruption and volatility; and clients seeking new support because of changing requirements or service levels.

This piece explores issues to be considered when changing trustee, including who has the authority and power to make such a change, indemnities and liens for former trustees.

Background

When the Global Pandemic took hold in early 2020, the fiduciary services industry saw an initial freeze in activity, almost as if companies and clients were holding their breath, and waiting for some certainty to emerge from the disruption and turmoil. This unknown factor made fiduciary services