Trusts (Amendment No. 7) (Jersey) Law 20[●] What's Not Included

This briefing will focus on those areas consulted upon and considered for Amendment No. 7 to the Trusts (Jersey) Law 1984 (as amended) (Trusts Law), but which either will not be progressed at this time; will be subject to further consultation or will be enacted pursuant to other legislation.

REQUIREMENT FOR A BENEFICIARY AT ALL TIMES – ARTICLE 2

Despite Article 2 of the Trusts Law stipulating that a trustee holds property for the benefit of any person "whether or not yet ascertained or in existence", several decisions of the Royal Court have been unhelpful in this area and so consideration was given to clarifying the issue. One option considered was the adoption of a regime akin to that of the STAR trust in the Cayman Islands (where, most pertinently for these purposes, an enforcer is appointed pursuant to the trust deed or by court order rather than a beneficiary having the right to enforce the trust). The Government will consider the responses further with the