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Tantular v AG: Royal Court in Jersey provides clarification as to the impact of saisies judiciaires on discretionary trusts
A saisie judiciaire may not be granted over the assets of a discretionary trust merely on the grounds that the offender (or suspected offender) is a beneficiary.
This article looks at the implications for a trustee in Jersey faced with the difficult situation where it is suspected that trust assets may be the proceeds of crime and/or a civil fraud.
The topics considered in this update have, by accident rather than design, an anti-money laundering flavour to them.
Before purchasing real estate in the Cayman Islands, very careful consideration should be given as to how to take title to the real estate to be purchased.
In a landmark ruling, the Court of Appeal has clarified what is meant by ‘exclusive jurisdiction’ and ‘forum for administration’.
Guernsey: all potentially interested parties to be considered by the court when blessing a decision of trustees
The Guernsey Court of Appeal has upheld a decision blessing a trustee’s decision to pay for the costs of refinancing a trust asset from the assets of a family trust.
The Guernsey Court of Appeal has reinstated an asset restraint order made over assets in a trust, where a beneficiary of that trust faced criminal proceedings in South Africa.
Mourant Ozannes has examined the principles relating to costs in non-adversarial trust proceedings.
What is the role of the Royal Court of Jersey in trustee applications for directions regarding disclosure of trust information?
The Royal Court of Jersey has blessed the decision of the trustee of the Y Trust to refuse disclosure of information concerning the trust to the first respondent.
Royal Court clarifies limits of customary law exception in respect of time-barred breach-of-trust claims brought by incoming trustee
Where a newly incorporated PTC recently appointed as successor trustee seeks to bring claims for breach of trust against predecessors, it will not be able to benefit from empêchement d’agir.
Direct disclosure obligations resulting from joinder of adult beneficiaries to matrimonial proceedings affecting trusts
The trustees had applied to the Royal Court of Jersey and the Eastern Caribbean Supreme Court for the approval of their decisions not to participate in the English financial remedy proceedings.
The Security Interests (Jersey) Law 2012 provides Jersey with a modern, efficient regime for the creation and enforcement of security interests in intangible property.
This briefing from Mourant Ozannes focuses on the Hastings-Bass principle in Jersey.
Jersey Court of Appeal confirms rights of non-trustee fiduciaries to an indemnity out of the trust fund
On appeal from the Royal Court, the Jersey Court of Appeal held that a fiduciary in relation to a trust had an identical right of indemnity in equity out of the trust fund as a trustee.
The so-called ’rule in Hastings Bass’ has been considered in Jersey for the first time since the Supreme Court’s judgment in Pitt v Holt and Futter v Futter.
Jersey boasts an ever-evolving trust law and remains at the forefront of the international trust and private client market.
The Royal Court set aside an instrument of appointment excluding beneficiaries from a trust as being a decision which no reasonable trustee could have taken.
On 16 July 2013, the States of Jersey (the island’s parliament) passed an amendment to the Trusts (Jersey) Law 1984.
In March 2011 our Jersey office reported on the death of ‘Hastings-Bass’ in the UK as a remedy for trustee ‘mistakes’.
Could Cayman’s firewall legislation stand up to challenges similar to those seen, for example, in Jersey. Are its provisions fit to face up to the current realities of the offshore trusts industry?