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In various courts, convicted criminals may face the possibility of a confiscation order being made against them so as to prevent them from benefitting from their crimes.
The Royal Court of Jersey has on four occasions clarified the extent and effect of its powers, both new and existing, in relation to mistaken dispositions of property to a trust.
The Royal Court has declined to strike out proceedings brought by the successor trustee and manager of three unit trusts against the former trustee and manager of those unit trusts.
The Guernsey Court of Appeal has recently confirmed that the court has the power to require beneficiaries to provide information to trustees.
In this briefing, Mourant Ozannes provides a comparison of the applicable limitation/prescription periods in the BVI, the Cayman Islands, Guernsey and Jersey.
A private trust company is a privately owned corporate trustee whose sole purpose is to act as trustee to a trust or group of ‘connected’ trusts.
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.