Bedell Cristin's Rupert Morris and Alasdair Davidson
assess how trust law in Guernsey may adapt to respond to changes in
the sector.
Generally speaking, beneficiaries and trustees alike would all
agree that litigation involving a trust should be avoided if at all
possible. However, whether we like it or not, hostile or
administrative court proceedings are a fact of life. This article
considers what changes we think might usefully be made to the
Trusts (Guernsey) Law, 2007 (the "Trusts Law") not only
in light of recent court decisions but also taking into account
legislative innovation elsewhere.
Protectors - Fiduciary or not?
An area considered recently by the Guernsey Courts concerns the
fiduciary nature of Protectors' duties. The position is not
straightforward in Guernsey given that s.15(2) of the Trusts Law
effectively reverses the usual presumption that powers granted
under a trust are fiduciary in nature by declaring that a wide
range can be reserved to an
