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  • Article

    When Is A Fraud On A Power Actually A Fraud?

    Fraud on a power is a well-established trust doctrine and one that crops up frequently in contentious trust applications both onshore and offshore.
    JerseyWealth Management
    Ogier
    Ogier
  • Article

    Transferring Trusts: Disclosure Of Documents Of New Trustees

    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
    JerseyWealth Management
    Collas Crill
    Collas Crill
Article

A Risky Business

The recent case in June this year of Re Q [2021] JRC 166 has provided useful guidance as to the Royal Court's approach in relation to applications to set aside a trust on the grounds of mistake, where it is acknowledged that ...
JerseyCorporate/Commercial Law
Appleby
Appleby
  • Article

    Being Rational In The Exercise Of Powers Of Appointment And Removal In Jersey Trusts - Royal Court Guidance In The Matter Of The P And R Trusts

    In its decision in In the Matter of the P and R Trusts the Royal Court has provided useful guidance with regard to the exercise of fiduciaries' powers of appointment of new trustees and protectors.
    JerseyCorporate/Commercial Law
    Ogier
    Ogier
  • Article

    From Deference To Dialogue: Why Transparency Is Now A Trustee's Strongest Defence

    For decades, the relationship between trustees and beneficiaries was defined by quiet deference – beneficiaries trusted their trustees, accepted decisions, and rarely questioned how trusts were managed.
    JerseyCorporate/Commercial Law
    Collas Crill
    Collas Crill
  • Article

    How COVID-19 Is Affecting The Responsibilities Of Trustees And How They Can Ensure They Are Fulfilling Their Duties

    These unprecedented times of COVID-19 are challenging for all of us and trustees are no exception. Trustees can face a wide range of issues from investment values to beneficiaries dying.
    JerseyCorporate/Commercial Law
    Appleby
    Appleby
  • Article

    Jersey Property Unit Trusts And The Trust Regulation Service

    HMRC has recently, on 31 January 2023, updated its published guidance to confirm that Jersey Property Unit Trusts (JPUTs) are within scope of the trust registration service (TRS)...
    JerseyCorporate/Commercial Law
    Appleby
    Appleby
  • Article

    Non-Charitable Purpose Trusts

    Non-charitable purpose trusts are expressly provided for by the Trusts (Jersey) Law 1984 as amended (the "Trusts Law").
    JerseyCorporate/Commercial Law
    Bedell Cristin
    Bedell Cristin
  • Article

    Planning For The 'Silver Tsunami'

    Although much has been said about the 'great wealth transfer' in recent times, there has been less focus upon the genesis of that phenomenon.
    JerseyCorporate/Commercial Law
    Collas Crill
    Collas Crill
  • Article

    The Removal Of A Protector From A Trust: In The Matter Of The A Trust [2012] JRC 169A

    In September last year, the Royal Court of Jersey handed down what is now widely considered to be a landmark decision in Jersey trust law.
    JerseyCorporate/Commercial Law
    Collas Crill
    Collas Crill
  • Article

    Trust Essentials - December 2018

    Legal privilege is a topic that is particularly relevant to regulated providers of trust company business in the context of investigations they may face and the duty of candour owed...
    JerseyCorporate/Commercial Law
    Ogier
    Ogier
  • Article

    What Became Of Forever? The Rule Against Perpetuities' Last Stand In Jersey

    Despite the Trusts (Jersey) Law 1984 ("Trusts Law") expressly providing against the rule against perpetuities currently applying in Jersey...
    JerseyCorporate/Commercial Law
    Walkers
    Walkers
  • Article

    Jersey Court Of Appeal Clarifies What's Needed For Rectification Of A Trust

    In December 2018 the Jersey Court of Appeal issued a judgment which has clarified the test for rectification of a trust, with some corresponding criticism of the rationale in the Royal Court's original decision...
    JerseyLitigation, Mediation & Arbitration
    Walkers
    Walkers
  • Video

    10 Reasons For Setting Up A Family Office

    There is an ever increasing number of family offices being established by wealthy families
    JerseyWealth Management
    Ocorian
    Ocorian
  • Article

    Forced Hiership And Trust Planning

    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...
    JerseyWealth Management
    Ogier
    Ogier
  • Article

    No Alternative: When May A Trustee Surrender Its Discretion To The Court?

    In the matter of the Y Trust, Royal Court Reported Judgment 25 March 2015.
    JerseyWealth Management
    Ogier
    Ogier
  • Article

    Trust Essentials - July 2018

    At Ogier we continue to see Jersey trust companies winning substantive mandates for new private wealth structures.
    JerseyWealth Management
    Ogier
    Ogier
  • Article

    UK Real Estate And Jersey Property Unit Trusts – Tax Issues, Advantages And Regulatory Treatment

    Jersey property unit trusts ("JPUTs") remain a popular vehicle for investments into UK real estate assets.
    JerseyReal Estate and Construction
    Walkers
    Walkers
  • Article

    Trust Essentials - November 2019

    Welcome to the latest edition of Trust Essentials, led by new partners Jennifer Fox and Nic Journeaux.
    GlobalCorporate/Commercial Law
    Ogier
    Ogier
  • Article

    Arrangements To Deceive As To Beneficial Ownership Will Not Be Upheld - Al Tamimi V Al Charmaa [2017] JRC033

    In this case, the Court made it very clear that any arrangement which detracts from the ability of regulators or law enforcement authorities to identify beneficial owners of companies...
    JerseyCorporate/Commercial Law
    Ogier
    Ogier
  • Showing 121–140 of 353 results

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