The following Private Client guidance note Produced in partnership with Mr David Dorgan provides comprehensive and up to date legal information covering:
For general information on Jersey, see Practice Note: Private Client jurisdictional guide—Jersey [Archived].
The legal framework for Jersey law governed trusts is found in the Trusts (Jersey) Law 1984 (as amended) (Law) together with a considerable amount of judicial precedent. Whilst judicial authority from England, and other common law jurisdictions, can be highly persuasive in Jersey, the Jersey Courts have often internationally led the way with their judgments on matters of trust law which, in turn, have become highly persuasive elsewhere.
Pursuant to the Law, Jersey trusts:
can be established to benefit persons or classes of persons and/or charitable and non-charitable purposes
can last indefinitely
can provide for a third party’s consent to be required before a trustee exercises its power or discretion (ie a protector) and has established case law on when such persons can be removed
can provide for the settlor or third parties to have reserved powers including, for example, the appointment of trust property to beneficiaries and the appointment and removal of trustees
must apply Jersey law to questions of validity, interpretation, transfer of property or the nature and extent of any beneficial rights or interests in trust property
There is no requirement that the trustees of a Jersey trust be resident in Jersey:
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