ARTICLE
14 May 2015

Retired From A Trust And Now Faced With Liabilities?

CC
Collas Crill

Contributor

Collas Crill is an offshore law firm with offices in BVI, Cayman, Guernsey, Jersey and London.

We deliver a comprehensive range of legal services to clients locally and globally in four broad practice areas: Financial Services and Regulatory; Insolvency and Corporate Disputes; Private Client and Trusts; and Real Estate.

Clients include some of the world’s leading financial institutions, international businesses, trusts and funds, as well as high-net-worth individuals and families across the globe. We continue to build a network of independent and trusted partners around the world including the Caribbean, the Channel Islands, the UK, Europe, the US, the Middle East, South Africa and Asia.

This lien provides retired trustees with a right to be indemnified by their successors up to the trust assets held by such successor.
Jersey Corporate/Commercial Law

It is good news for former trustees! If you have recently retired as trustee of a Jersey law governed trust you will be comforted by the fact that the Jersey court has recently confirmed that retired trustees do indeed have an "equitable lien" over the trust fund of a trust for which they formerly administered.

This lien provides retired trustees with a right to be indemnified by their successors up to the trust assets held by such successor. Importantly, this right is in addition to any contractual right to be indemnified pursuant to an instrument of retirement and appointment of trustees that the trustees may have entered into. See In the matter of the Representation of the Z trusts [2015] JRC 031.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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