Divorcing Beneficiaries - A Practical Guide For Trustees

Originally published April 2009

The Problem

A Jersey law trust. A Jersey corporate trustee. Divorcing beneficiaries, both of whom are resident in a foreign jurisdiction. What should you do? What shouldn't you do?ⁱ

You will need to consider three matters:-

1. Provision of information
2. Submission to the jurisdiction of the foreign Court
3. Enforcement of judgment in Jersey

Provision Of Information

Disclosure of trust documentation falls under the inherent jurisdiction of the Court to supervise the administration of the trust.ⁱⁱ It is therefore advisable to seek a directions hearing in front of the Court for endorsement of any decision as to the documents you intend to disclose and documents you intend to withhold.