ARTICLE · 21 OCTOBER 2015

A Jersey Trustee's Equitable Right To The Trust Property/Lien?

Appleby

Contributor

Appleby

Appleby is a leading offshore law firm. The team of legal specialists advise global public and...

View firm profile

Explore more from Appleby

Is there a form of equitable lien in Jersey which a former trustee can claim over trust property held by the current trustee?

JerseyWealth Management

Author LinkedIn connections

Representation of the Z Trusts [2015] JRC031

INTRODUCTION

Is there a form of equitable lien in Jersey which a former trustee can claim over trust property held by the current trustee? Pursuant to the 2014 decision of the Guernsey Court of Appeal¹ on the same question, the short answer is yes. However, this is the first time the Royal Court of Jersey was asked to determine the same question.

BACKGROUND

Equity Trust (Jersey) Limited (Equity) retired as trustee of eight trusts of which Volaw Trustee Limited (Volaw) became trustee of two and Barclays Private Bank and Trust Limited (Barclays) became trustee of the remaining six. The terms of Equity's retirement were fairly standard indemnities.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

Related Articles

FocUS: In Conversation With Ed Devenport

JerseyWealth Management

Jersey Finance Limited

Passion Assets: Challenges, Structures And Trends

European UnionWealth Management

The Family Office Journey To Institutionalisation

JerseyWealth Management

Jersey Finance Limited

Significant Growth For Collas Crill Trust Across The Channel Islands

JerseyWealth Management

Weathering The Storm: How To Protect Private Wealth In A Turbulent World

JerseyWealth Management

Jersey Finance Limited

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

See more popular content from

Wealth ManagementAppleby

Jersey Incorporated Holding Structures For UK Acquisitions

There has been an increasing level of interest in using Jersey corporate holding structures for UK public takeover offers and private acquisitions.

JerseyWealth Management

The Foot Review

On 29 October 2009 HM Treasury in London published a report on the British Offshore Finance Centres, commissioned by The Chancellor of the Exchequer in December 2008 and prepared by Mr Michael Foot, a former senior Bank of England official.

JerseyWealth Management

Volaw Trust & Corporate Services Limited

Time To Say Goodbye: Our Employment Team Advise On The Best Ways To Terminate Employment

The termination of an employment contract is often described as being like a divorce if things don't go well; particularly so when post termination restrictions are involved.

JerseyWealth Management

Passion Assets: Challenges, Structures And Trends

Passion assets, including art, classic cars, jewellery and watches, fine wine, yachts, and aircraft, represent a unique segment of private wealth.

European UnionWealth Management

Company Law In Jersey - Registered Office

JerseyWealth Management

Company Law In Jersey - Accounting Date

JerseyWealth Management

Multi Family Offices, The Marketing Illusion

Michael Shenkin takes a look at the branding of multi-family office services by financial institutions for Jersey’s 20/20 Magazine.

JerseyWealth Management

Hatstone Lawyers

Company Law In Jersey - Cost

JerseyWealth Management

Jersey As A Platform For Growth: Systematica's Story

Jersey Finance's Head of Funds Elliot Refson talks to Paul Rouse, CFO at Leda Braga's Jersey-headquartered Systematica Investments, about how the hedge fund manager has evolved over the past decade and how Jersey continues to provide the jurisdictional platform to support its future ambitions...

JerseyWealth Management

Jersey Finance Limited

Significant Growth For Collas Crill Trust Across The Channel Islands

Collas Crill Trust (CCT) has made a number of appointments in its Guernsey and Jersey offices.

JerseyWealth Management

Guide To Venture Capital In The Cayman Islands 2026

The Cayman Islands has emerged as the world's premier offshore jurisdiction for venture capital fund formation and cross-border investment structuring, with over 30,900 alternative investment funds managing USD8.2 trillion in assets.

Cayman IslandsFinance and Banking

New CIMA Rules On AML/CFT/CPF Compliance And Financial Sanctions Issued In The Cayman Islands

The Cayman Islands Monetary Authority has published two new Rules introducing binding requirements for regulated financial service providers regarding anti-money laundering, counter-terrorist financing...

Cayman IslandsGovernment, Public Sector

BMA Sets Out Phased Path To A Bermuda Insurance Resolution Regime

The Bermuda Monetary Authority has published a consultation paper outlining the first phase of a resolution regime for the commercial insurance sector, designed to align with international standards. The framework establishes the BMA as the Resolution Authority with five core objectives and defines which insurers will fall within scope. This phased approach raises important questions about governance, recovery planning, and the practical implications for domestic insurers and Internationally Active Insuranc

BermudaInsurance

Guide To Companies In Mauritius

This is the Fourth Edition of the Guide, which we have produced for the information of our clients and professional colleagues. This edition takes account of changes brought about by the Companies Act 2001 and the Financial Services Act 2007.

MauritiusWealth Management

2026 Guide To Blockchain & Crypto-Assets In The Cayman Islands

This guide provides the latest legal information on the evolution and regulation of these markets, licensing and set-up requirements for businesses, cross-border services, decentralised finance...

Cayman IslandsTechnology

Guide To Trusts In The Isle Of Man

The Isle of Man offers wealthy families a politically stable, well-regulated and practical base in which to establish wealth and business succession planning structures. Modern and robust legislation, high-quality professional advisers and service providers, and a reputation for cost-effectiveness, all contribute to the island's attractiveness as a trusts jurisdiction.

Isle of ManWealth Management

The Long Game: How Bermuda Became The World’s Life Reinsurance Capital

Bermuda has emerged as the dominant global hub for life and annuity reinsurance, now holding over $900 billion in US life and annuity liabilities and accounting for 84% of all US reserves ceded offshore. This analysis examines how the island's sophisticated regulatory framework, purpose-built infrastructure, and commercially engaged regulator have created a structural advantage that extends beyond its traditional catastrophe reinsurance roots into long-dated life business from the US, UK, and Asia.

BermudaInsurance

Upcoming Deadline For Annual Returns For BVI Business Companies And Limited Partnerships

Entities in the British Virgin Islands may qualify for exemptions from Annual Return requirements based on specific criteria. BVI Business Companies and Limited Partnerships can avoid filing obligations if they meet conditions such as being listed on recognized exchanges, regulated by the FSC, or filing tax returns with financial statements.

British Virgin IslandsCorporate/Commercial Law

Abraaj Group Fraud - Summary Judgment For Receivers Of Secured Lender For Information On The Fraud

The Grand Court has awarded summary judgment to certain limited partners seeking true and full information from the general partner under section 22 of the Exempted Limited Partnership Act.

Cayman IslandsCorporate/Commercial Law

The Seychelles Financial Services Authority IBC Restrictions Reminder: Circular No. 5 Of 2026 And What It Signals For Seychelles IBCs

Seychelles' Financial Services Authority has issued Circular No. 5 of 2026, targeting International Business Companies operating in regulated financial sectors—particularly virtual asset services—without proper licensing. With the IBC Amendment Bill advancing through the National Assembly and a critical ESAAMLG evaluation approaching, the FSA is signaling that passive oversight has ended and formal enforcement against non-compliant entities is imminent.

SeychellesCorporate/Commercial Law