Briefing Summary:
The Trusts (Jersey) Amendment Law 2026, which came into force on 20 March 2026, has made a number of clarificatory changes to the Trusts (Jersey) Law 1984 (the TJL). This marks the eighth amendment to the TJL.
While the latest changes are mostly technical clarifications, they address areas of uncertainty. Two key changes stand out:
- Article 43 – Clarifying the limits on beneficiaries' ability to terminate a trust under Article 43 TJL or the rule in Saunders v Vautier.
- Article 43A – Confirming the priority of claims as between trustees and secured lenders.
Article 43: Who can call for termination of a Jersey trust?
Article 43 of the TJL has been revised to make explicit that the existence of a power to add beneficiaries prevents the beneficiaries from compelling the trustee to terminate the trust.