Is it time for a Public Trustee’s office in Jersey? Representation of Sabba Trust

In this case there had been a succession of fundamental errors in the administration of two Jersey trusts, both given the same name and having the same terms and beneficiaries. The assets of the first trust were transferred to the second trust but there was no record showing that this had been done or the basis upon which the assets were to be held. The trustee of the first trust was later struck off. The trustee of the second trust purported to appoint a replacement protector, but under the terms of the trust, and in the circumstances, that power belonged to the protector for the time being. Another company (albeit apparently having the same directors) then purported to declare itself trustee of the second trust in replacement of the existing trustee, again without any basis in the terms of the trust. The original trustee of the second trust was then wound up and dissolved in a summary winding-up. The purported new trustee in due course retired and appointed a Mauritius company as successor and the successor purported to change the proper law of the trust to that of Mauritius, though it was not a validly appointed trustee at all and a change in proper law required in any event, under the terms of trust, the consent of the protector. The Mauritius company had in turn subsequently retired in favour of a trustee in Dubai. A beneficiary under both trusts sought declarations as to the validity of these various deeds…

Click on the link below to read the rest of the Ogier briefing.

Sign in or Register to continue reading this article

Sign in

Register

It's quick, easy and free!

It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.

Register now

Why register to The Lawyer

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.

More relevant to you

To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.

Briefings from Ogier

View more briefings from Ogier

Overview

6th Floor
11 Old Jewry
London
EC2R 8DU
UK

Qualified lawyers: 172
Partners: 42