ARTICLE
21 March 2022

Momentous Decisions In Jersey - Wishes, Taxes, Conflicts And Protectors

W
Walkers

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We are a leading international law and professional services firm providing legal, corporate and fiduciary services to global corporations, financial institutions, capital market participants and investment fund managers. With a global presence spanning the Americas, Europe, the Middle East and Asia, we advise on the laws of Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Ireland and Jersey. With over sixty years of looking at the world through the same commercial lens as our clients means we deliver focused, clear, precise advice to get the deal done. Clients trust us to help them make good business decisions, create commercially sound products and strategies, resolve disputes and cement deals that are profitable. From offices across geographies, we deliver business-critical advice and service in the same time zones as our clients, covering asset management, investment funds, corporate, M&A, dispute resolution, finance, insurance, fintech, private capital and trusts, regulatory and more
This article considers a recent example of Public Trustee v Cooper applications in Jersey reported as In the Matter of the Piedmont Trust & Riviera Trust [2021] JRC 24.
Jersey Litigation, Mediation & Arbitration
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This article considers a recent example of Public Trustee v Cooper applications in Jersey reported as In the Matter of the Piedmont Trust & Riviera Trust [2021] JRC 24. In Piedmont & Riviera, the Jersey Royal Court's judgment provides useful guidance on, inter alia the significance of and approach to situations where there are multiple letters of wishes, conflict of interests sufficient to warrant a trustee seeking to surrender its discretion, the importance for a trustee to take advice on the fiscal consequences of their proposed decision (and the risk of the Court declining to bless the decision where such advice was absent) and the role of a protector who holds a power of veto in respect of the power the trustee is proposing to exercise.

This article is published in Trusts & Trustees.

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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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