Drafting Trusts and Will Trusts in the Channel Islands

This book is a valuable resource for practitioners seeking to interpret and understand existing trust settlements and draft new ones with confidence. It covers the principles of Jersey and Guernsey trust law and highlights the differences between the two jurisdictions. It provides advice on the best trust to use in each situation and offers solutions to drafting problems. It also covers common mistakes and traps and cites Jersey and Guernsey case law, both reported and unreported. Written by two highly regarded trust practitioners, it offers a clear, easy-to-understand style and is free of technical jargon.

Format: Hardback
Publication date: 13 December 2022
Publisher: Sweet & Maxwell Ltd

This comprehensive guide provides a detailed examination of the principles of Jersey and Guernsey trust law, empowering practitioners with the knowledge and skills necessary to interpret and understand existing trust settlements, as well as confidently draft new ones. By delving into the intricacies of these jurisdictions' trust laws, the book offers valuable insights into the legal framework governing trusts, enabling practitioners to navigate the complexities of trust creation and administration with assurance.

One of the key distinguishing features of Jersey and Guernsey trust law is its focus on the protection of beneficiaries. Both jurisdictions prioritize the interests of trust beneficiaries, ensuring that their rights are safeguarded and that the trust assets are utilized for their intended purposes. This commitment to beneficiary protection is reflected in the comprehensive trust laws and regulations in these jurisdictions, which provide a robust framework for trust administration.

Another notable aspect of Jersey and Guernsey trust law is its flexibility. The trust laws in these jurisdictions are designed to accommodate a wide range of trust structures and purposes, from lifetime trusts to will trusts. Practitioners can tailor trust arrangements to meet the specific needs and objectives of their clients, ensuring that the trust is structured in the most effective and efficient manner possible.

In addition to its focus on beneficiary protection and flexibility, Jersey and Guernsey trust law also emphasizes the importance of transparency and accountability. Trusts are a complex legal arrangement, and it is essential for trustees to be held accountable for their actions and decisions. The trust laws in these jurisdictions provide clear guidelines and regulations for trust administration, ensuring that trustees fulfill their fiduciary duties and act in the best interests of the beneficiaries.

One of the key differences between Jersey and Guernsey trust law is the nature of the trust regime. Jersey has a more developed trust regime, with a well-established body of trust law and a robust regulatory framework. Guernsey, on the other hand, has a less developed trust regime, but it is still evolving and adapting to the changing needs of its clients.

Despite these differences, both Jersey and Guernsey trust law share many common principles. These principles include the principle of legality, the principle of good faith, and the principle of independence. The principle of legality requires that trusts be created and administered in accordance with the law, while the principle of good faith requires that trustees act in the best interests of the beneficiaries. The principle of independence requires that trustees be independent of the settlor and other beneficiaries, ensuring that they make decisions based on their own judgment and without undue influence.

In conclusion, this comprehensive guide to Jersey and Guernsey trust law is an invaluable resource for practitioners seeking to understand and apply the law in these jurisdictions. By providing a detailed examination of the principles of trust law, the book empowers practitioners to interpret and understand existing trust settlements, as well as confidently draft new ones. Whether you are a seasoned trust practitioner or a newcomer to the field, this guide will provide you with the knowledge and skills necessary to navigate the complexities of trust creation and administration with assurance.

Weight: 792g
Dimension: 162 x 242 x 30 (mm)
ISBN-13: 9780414074446
Edition number: 3 ed