This article was first published by eprivateclient.
I have had a number of instructions over recent months which
have necessitated a consideration by me of the forced heirship
rules of the client's home jurisdiction, and advice being
provided to the client on the firewall provisions in Jersey's
trust law, which seeks to provide protection for a Jersey trust, or
the transfer of property to that trust, when attacked by an heir of
a deceased settlor who may have established that trust in
contravention of the forced heirship rules in his or her own
country. I shall return to that Jersey provision later in
this article.
In respect of one of the clients I have advised, I have
encountered an interesting practical question which I thought I
would share with readers. I was acting for a divorced client
who was living in a jurisdiction with forced heirship laws.
His compulsory heirs, so to speak, were his minor children, who
following the divorce, lived primarily with
