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Drafting Trusts and Will Trusts in the Channel Islands 3rd ed (eBook)

ISBN13: 9780414104778
Published: December 2022
Publisher: Sweet & Maxwell Ltd
Country of Publication: UK
Format: eBook (ProView)
Price: £234.00
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Discusses the principles of Jersey and Guernsey trust law, enabling practitioners to interpret and understand existing trust settlements and to draft new ones with confidence.

  • Highlights the differences between Jersey and Guernsey trust law
  • Enables you to understand the law and to draft safe, accurate trusts, according to the law in either jurisdiction
  • Advises on the best trust to use in each situation and provides solutions to drafting problems
  • Highlights common mistakes and traps
  • Covers both lifetime trusts and will trusts
  • Cites Jersey and Guernsey case law, both reported and unreported
  • Offers a clear, easy-to-understand style, free of technical jargon
  • Contains precedents which are also provided on CD-ROM for quicker drafting
  • Written by two highly regarded trust practitioners, so you know you can rely on the advice given

Since the publication of the second edition in 2012 there have been a number of changes to trusts legislation in both Jersey and Guernsey. Key changes relevant to those drafting trust documents for use in both jurisdictions include:

  • An amendment to the Trusts (Jersey) Law 1984 in 2018 that clarified the rules that may be contained in a trust instrument concerning the disclosure or information or documents concerning a trust to beneficiaries and other persons; widened the statutory provisions concerning the accumulation of income to capital by providing that where income is not distributed, and no trust to accumulate it or power to accumulate it to capital or retain it as income applies, the income retains its character as income. This part of the amendment also confirmed that there is no time period within which a power to accumulate income must be exercised; clarified the statutory provision concerning the reasonable security to which a trustee is entitled on retirement or distribution of trust assets or the termination of the trust where such reasonable security is provided by an indemnity. It is now clear that the “protection” of such an indemnity may now extend to, among others, officers and employees of a corporate trustee and their heirs and successors, and persons may enforce the indemnity whether or not they were parties to the original document by which the indemnity was created.
  • Since the last edition of this book, Guernsey and Jersey have both changed their laws to permit same sex marriages, Guernsey in 2017 and Jersey in 2018.
  • Another significant law change in both Islands since the last edition concerns capacity. The Capacity and Self-Determination (Jersey) Law 2016 came into force on 1 October 2018, replacing the previous curatorship regime and established for the first time the right of a Jersey resident to plan for the risk of future mental incapacity by enabling them to granting lasting powers of attorney for health and welfare on the one hand and for property and financial affairs on the other. Guernsey introduced lasting powers of attorney in 2022.
  • The third Edition also draws on changes to legislation and case law in other jurisdictions which may be of relevance in Jersey or Guernsey in the future.

Wills and Probate, Other Jurisdictions , eBooks, Channel Islands
1. Trusts in Jersey and Guernsey—An Introduction
2. Style
3. Principles of Interpreting Trust Documents
4. Beneficiaries
5. Trustees
6. Trustees’ Powers
7. Trust Property
8. Duration of the Trust
9. General Provisions of a Trust
10. Drafting Overriding Powers (Appointment, Resettlement and Advancement)
11. Exercising Overriding Powers
12. Settlor Exclusion Clause and Default Clause
13. Discretionary Trusts
14. Interest in Possession Trusts
15. Administrative Provisions
16. Will Trusts
17. Charitable Trusts
18. Non-Charitable Purpose Trusts
19. Proper Law, Place of Administration and Jurisdiction Clauses
20. Restricting Rights of Benefi ciaries
21. Execution of Wills and Trusts Instruments
22. Appointment and Retirement of Trustees
23. Indemnities for Executors and Trustees
24. Foundations

Discretionary Trust
Interest in Possession Trust for Adult Beneficiary
Precedents for Administrative Provisions
Charitable Trust
Administrative Provisions for a Charitable Trust
Precedents for Supplemental Documents
Discretionary Will Trust of Movable Property for non-Jersey/Guernsey Domiciled Testator
Foundation Charter (Jersey)
Foundations Regulations (Jersey)
Appendix 1 Annotated Bibliography
Appendix 2 Select Websites

Series: James Kessler: Drafting

Drafting Trusts and Will Trusts in the Channel Islands 3rd ed ISBN 9780414074446
Published December 2022
Sweet & Maxwell Ltd
Drafting Trusts and Will Trusts in Northern Ireland 4th ed ISBN 9781526507976
Published August 2020
Bloomsbury Professional (Ireland)
Out of print
Drafting Trusts and Will Trusts: A Modern Approach 14th ed ISBN 9780414068087
Published June 2019
Sweet & Maxwell Ltd
Out of print
Out of print
Drafting Trusts and Will Trusts in Scotland 2nd ed ISBN 9780414063716
Published December 2017
W. Green
£112.00 + £4.48 VAT
Drafting Trusts and Will Trusts in Australia 2nd ed ISBN 9780455500669
Published November 2017
Thomson Reuters Australia
Drafting Trusts and Will Trusts in Hong Kong ISBN 9789626618639
Published January 2016
Sweet & Maxwell Hong Kong
Drafting Trusts and Will Trusts in the Channel Islands 2nd ed ISBN 9780414027503
Published January 2013
Sweet & Maxwell Ltd
Out of print
Drafting Trusts and Will Trusts in Northern Ireland 3rd ed ISBN 9781847669865
Published August 2012
Bloomsbury Professional (Ireland)
Out of print
Drafting Trusts and Will Trusts in Canada 3rd ed ISBN 9780433463016
Published August 2011
LexisNexis Canada
Out of print
Drafting Trusts and Will Trusts in New Zealand ISBN 9780864727008
Published October 2010
Thomson Reuters New Zealand
Drafting Trusts and Will Trusts in Australia ISBN 9780455225975
Published July 2008
Thomson Reuters Australia
Out of print
Drafting Cayman Islands Trusts ISBN 9789041124883
Published November 2006
Kluwer Law International