353 results found

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

Whilst benevolent giving is generally done from the heart, it is of increasing importance to donors that it is also done with their head.

There are two somewhat unusual elements to this case, namely the blessing of the decision of the trustee to submit to the jurisdiction of an overseas divorce court, and of the decision to exclude the wife as a beneficiary.

The line between rectification and improvement is a significant one in terms of trust documents. The Jersey Royal Court's judgment In The Matter of the H and J Trusts further clarifies the distinction.

In its judgment of 19th September 2016 in In the matter of D, E and F Trusts [2016] JRC 166C, the Royal Court applied, for the first time, the statutory mistake provisions embodied in Article 47E of the Trusts (Jersey) Law 1984.

On 5 January 2012 the Royal Court of Jersey held In the matter of the Bird Trusts [2012] JRC006 that an outgoing trustee is normally under an obligation to hand over all documentation and information (including legal advice) concerning the administration of a trust to the new trustee

The demand for so-called "Asset Protection" trusts has continued in recent years.

The power to appoint trustees is often contained in the trust deed and is commonly granted to either the trustee of the trust from time to time, or a third party such as the settlor or protector of the trust.

The Security Interests (Jersey) Law 2012 (the Law) provides for registration as a means of perfecting security over intangible moveable property.

Earlier this year, the Supreme Court of England and Wales gave its judgment in the combined cases of Pitt v Holt and Futter v Futter, relating to the rule in re Hastings-Bass and the doctrine of mistake.

It is important that trustees understand their obligations if their trust structure comes under financial stress. Helpfully, the Jersey courts have provided guidance on the principles applicable to...

As Jersey plans to introduce changes to its trusts law, Damian Evans, Partner, Walkers Jersey, and Paul Buckle, Group Partner, Walkers Guernsey, take a look at how arbitration may play a larger role.

A nation state can be trustee of a Jersey law express trust, even though it has state immunity against being sued for breach of trust or otherwise being held accountable...

At Ogier we continue to see Jersey trust companies winning substantive mandates for new private wealth structures. Plainly this bodes well for the future of the sector on the island.

In Representation of the Z Trusts [2015] JRC 196C, the Royal Court has provided guidance on the underlying principles relevant to "insolvent" trusts.

Like any other trust, a JPUT will often come into existence on the execution of a trust instrument made by a trustee and on the transfer to the trustee of the property.

The Royal Court of Jersey, in the recently handed down judgment in M v W Limited and Others, has provided useful guidance for trustees in circumstances, outside the context of discovery in adversarial litigation...

Various minor amendments will clarify and enhance Article 9A.