In Pursuit Of Protection

The precise role of a protector in relation to discretionary trusts has been difficult to identify and there was, until recently, little judicial authority on the nature of a protector's duties particularly in the context of a requirement for protectors' consent to decisions of the trustees. Strong guidance has now been provided by the Royal Court of Jersey in the recent case of Re Jasmine Trustees [2021] JRC 248.

That guidance cannot however be said to be definitive as there is conflicting authority on the nature of a protector's role where it has a veto, from the Bermudian Court (re The X Trusts [2021] SC (Bva) 72 Civ), albeit that that authority was considered by the Royal Court in its Judgment.