Trusts (Amendment No.5) (Jersey) Law - A Year On

The Trusts (Amendment No.5) (Jersey) Law was approved by the States of Jersey in November 2011. Almost a year on, it is anticipated that the process for its adoption into law is nearing conclusion. It was sanctioned by the Privy Council on 17 October 2012 which will enable its registration into Jersey's statute books.

The draft law will implement a number of amendments to the Trusts (Jersey) Law 1984, as amended, which industry practitioners feel will enhance the clarity and flexibility of Jersey's trusts legislation and in turn maintain the Island's attractiveness as a centre for international wealth planning.

Foreign court interference

The most significant changes are to Article 9 of the Trusts Law. They are, in part at least, intended to address the willingness shown by foreign courts, in particular the English divorce courts, to use their own laws to try to modify the terms of Jersey law trusts in favour of people who may not even be beneficiaries of