ArticleProtectors' Removal - New Guidance From The Jersey CourtsSettlors establishing discretionary trusts often appoint a protector as a safeguard against errant trustees.JerseyCorporate/Commercial LawCollas Crill
ArticleTake Nothing For Granted - Legal Privilege And Internal InvestigationsThe subject of legal professional privilege has been back in the spotlight recently, with the English Court of Appeal decision in SFO v. ENRC substantially reversing the original High Court decisionJerseyCorporate/Commercial LawOgier
ArticleA Comparison Of Jersey And Guernsey Trusts LawsThe trust laws of Jersey and Guernsey are very similar for two main reasons.JerseyWealth ManagementCollas Crill
ArticleEscaping From Mistakes As To Tax Consequences In Respect Of Jersey Trusts - In The Matter Of The Great Escape And Wentworth TrustsThe facts concerning the Great Escape and Wentworth Trusts (the Trusts) can be summarised as follows. JerseyWealth ManagementOgier
ArticleFoundations v Trusts (Now The Dust Has Settled)Before the Foundations (Jersey) Law 2009 came into force, market commentators were predicting that its introduction would result in the "death" of trusts.JerseyWealth ManagementBedell Cristin
ArticleJudgement Summary: Anonymisation And Redaction Of Judgements In Trust CasesPreviously in the case of "In the matter of the representation of the Sanne Trust Company Limited", the Royal Court held that steps may be taken to protect the identity of minors and the privacy of the trust arrangements.JerseyFamily and MatrimonialCollas Crill
ArticleNine Promotions In The Channel IslandsCollas Crill has made a number of promotions in the Channel Islands across its fee-earners and business services team.JerseyLitigation, Mediation & ArbitrationCollas Crill
ArticleAt A Glance Guide To Jersey Blessing ApplicationsOn occasion, trustees can find themselves in a situation where they are considering taking a decision in respect of a trust in circumstances where there are potentially significant risks associated with that decision.JerseyCorporate/Commercial LawOgier
ArticleComing Round The Mountain? Does IFM Corporate Trustees Limited V Helliwell And Mountain Mean That Intended Tax Mitigation May In Future Affect How The Royal Court Decides Trust Applications?As far as the parties were concerned, the main issue was to succeed in their application to rectify the trust, i.e. to correct and rewrite its drafting to bring it back into line with the original intention behind it. JerseyCorporate/Commercial LawCollas Crill
ArticleDealing With A Lack Of Beneficiaries - Benjamin Orders In JerseyThe Royal Court of Jersey has recently made a Benjamin Order, by which a Trustee was permitted to distribute the assets of a Jersey Trust to non-beneficiaries...JerseyCorporate/Commercial LawWalkers
ArticleJersey's Royal Court Determines That The Rights Of Creditors Of An Insolvent Jersey Trust Rank Pari PassuThe Royal Court of Jersey has recently held that the claims of both former and new trustees of an insolvent Jersey trust, arising under their respective indemnities and equitable liens, rank pari passu.JerseyCorporate/Commercial LawWalkers
ArticleTrustees – Go Green Or Go HomeMillennials have a more sustainable mindset than previous generations. JerseyCorporate/Commercial LawViberts
ArticleMistake In Jersey Trust Law - Sometimes Ignorance Is BlissIn giving its reasons for setting aside transfers into a Jersey trust on grounds of mistake, the Royal Court of Jersey has provided a helpful distinction between the law of mistake as it is applies in Jersey as against its English law counterpart ...JerseyFinance and BankingWalkers
ArticleJersey's Royal Court Determines That The Rights Of Creditors Of An Insolvent Jersey Trust Rank Pari PassuThe Royal Court of Jersey has recently held that the claims of both former and new trustees of an insolvent Jersey trust, arising under their respective indemnities and equitable liens, rank pari passu.JerseyInsolvency/Bankruptcy/Re-StructuringWalkers
ArticleJersey's Royal Court Rules On The Extent Of Its Powers To Restrict A Party That Withdraws Trust Proceedings From Starting AfreshJersey's Royal Court has recently ruled on the extent of its powers to restrict a party that withdraws proceedings from starting afresh in a judgment that considers for the first time the implications of a 2014...JerseyLitigation, Mediation & ArbitrationOgier
ArticleOgier's Rachael Reynolds Named Offshore Litigator Of The YearOgier's Global Head of Dispute Resolution and Contentious Trusts Rachael Reynolds was named Offshore Litigator of the Year at last night's Citywealth International Finance Centre awards.JerseyLitigation, Mediation & ArbitrationOgier
ArticleHome To The World's First "Data Trust"Trusts are generally set up to protect, administer and distribute valuable property.JerseyPrivacyJersey Finance Limited
ArticleA Jersey Trustee's Equitable Right To The Trust Property/Lien?Is there a form of equitable lien in Jersey which a former trustee can claim over trust property held by the current trustee?JerseyWealth ManagementAppleby
ArticleApplication To Vary A Trust Under Article 47 Of The Trusts (Jersey) Law 1984Previous case law has found that "benefit" for the purposes of Article 47 is to be construed widely and is not limited to financial interests. JerseyWealth ManagementOgier