Trust Articles

Trusteeship and the Underlying Company

Two articles written by Carl O'Shea relating to trusteeship and the underlying company

Part I: The Relationship

Part II: Directorship

The Private Trust Company in Jersey

Please click on the downloads section at the bottom of this page to read a copy of Carl O'Shea's article on how the setting up of a private trust company can benefit those who need to set up multiple related trusts.

A Guide to the Proposed Jersey Foundations

An article written by David Dorgan explaining the history of "Foundations" and discussing the draft Foundations (Jersey) Law.

Shari'a Law and Jersey Trusts

An article written by Carl O'Shea which explains how Jersey trusts sit in relation to the Muslim religion and Shari\'a law.

Comity is Alive and Living in Jersey

A briefing note prepared by David Dorgan which sets out details of the Representation of Mourant & Co Trustees Limited In the Matter of the B Trust [2006].

Change of Trustees: Hand Over or Else

David Dorgan's briefing note setting out details of the case Ogier Trustee v C I Law Trustees and Others [2006].

Beneficiaries' Request for Information: First Island Trustees/Avalon Trust

Sets out details of an application to the Royal Court under Articles 51 and 53 of the Trusts (Jersey) Law 1984.

Disclosure of Trust Information

An article written by Carl O'Shea relating to questions for Trustees to ask themselves when dealing with disclosure issues.

Jersey Trustees and the Divorcing Beneficiary

An article written by Richard Pirie which notes what to do and what not to do when efforts are made to join Jersey Trustees into UK divorce proceedings.

Trusts (Amendment No 4) (Jersey) Law 2006

Carl O'Shea comments on the fourth amendment to the Trusts (Jersey) Law 1984 which came into force in October 2006.

Trustee's Indemnities - more than reasonable security?

An article written by Richard Pirie and  David Dorgan which discusses the many questions that arise with regard to reasonable security when a trustee retires or is removed from office.

Beware! Charge Unreasoanble Fees Anburn!

David Dorgan discusses the case of Landau -v- Anburn and the Royal Court's clarification on the the trustee's right to indemnity for legal fees.

RATS Infestation in Jersey ... must be from Guernsey?

Read David Dorgan's article on Retirement Annunity Trust Schemes which now give Jersey residents an opportunity to save for their retirement by way of a trust.

The Family Trust as a Succession Vehicle

Please click on the download section below to read a copy of Stuart Pryke's handout relating to his presentation at the Legalease Conference on Maximising Trust Business on 8 June 2006.  Of particular interest are the sections on:
  • Advantages of Family Trust as a Succession Vehicle
  • Types of Trust
  • The Relationship Between Trustees and Their Underlying Companies 
  • Applications to the Court

To Protect and Serve: The Watchful Eye of a Protector

David Dorgan's insightful article on the role of the Protector in a Trust.

Downloads

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