353 results found

A trust does not have legal personality and therefore cannot technically be labelled 'insolvent' or as having creditors.

The birth and growth of the Jersey foundation is a clear example of how the Island's legislature, financial services industry and regulator have worked together to broaden the Island's appeal

In In the matter of the M Trust [2017] JRC 198, the Royal Court was asked to set aside the transfer of assets into a Jersey discretionary trust on the ground of mistake pursuant to Articles 11...

In a recent judgment, in the Representation of Summit Services [2024] JRC 222, the Royal Court of Jersey (the Court) addressed a trustee's decision to separate and reallocate trust-owned assets...

In the Representation of the Jasmine Trustees Limited [2015] JRC 196 the Royal Court had to consider whether or not new trustees and protectors had been validly appointed to two trusts...

Ogier's team continues to be at the forefront of Restructuring and Insolvency law, acting in two matters that have broken new ground in Guernsey recently.

In a decision that will impact on both trustees and beneficiaries, the Supreme Court of England and Wales has given its judgment in the combined cases of Pitt v Holt and Futter v Futter, resolving debate about the rule in re Hastings-Bass and the doctrine of mistake.

On 4 March 2014, the Royal Court gave judgment in "Boyd v. Rozel Channel Islands Limited and Others" [2014] JRC056.

Nobody likes life to be complicated, let alone finance.

The Jersey Court has a well-established jurisdiction to rectify trust documents whose terms do not carry out the true intentions of the parties.

However the Royal Court of Jersey has noted that the phrase is useful shorthand for a situation that may have been encountered by many trust practitioners.

Much as every trustee yearns for harmony and familial good will, sadly the modern reality of trusteeship can be very different. With the ever increasing rise in high and ultra-high net worth structures...

In that case, the trustees of the X Trusts were required to obtain the consent of the protectors to finalise proposals for the restructuring of the trusts to enable a division of the trust assets.

The English High Court in The Serious Fraud Office & Anor v Litigation Capital Limited & Ors [2021] EWHC 1272 has held that it is not possible to have a constructive trust over Jersey immovable property.

The latest round of amendments to the Trusts (Jersey) Law 1984 was registered by the Royal Court of Jersey on 1 June, and will come into force seven days after that.

The Royal Court recently considered, for the first time, whether it was possible to issue an arrêt (a form of distraint) over the rights of a discretionary beneficiary under a Jersey trust.

In recent times Jersey law has swung in a different direction from English law in relation to the rule in Hasting-Bass.