Continue reading "Jersey trusts: To submit – or not?"
Re X Foundation Trust [2022] WTLR 1165
Wills & Trusts Law Reports | Autumn 2022 #188The sole trustee of the X Foundation Trust, a Bahamas trust, applied to the court for directions pending the determination of two sets of proceedings before a foreign court (the foreign court proceedings), with respect to the mental capacity of the settlor of the trust (the settlor).
The trust was a discretionary trust whose class of beneficiaries included the settlor and members of his family, as well as companies which received distributions from the trust to pursue charitable activities. The trust instrument provided for a protector, termed an appointor, with power to appoint a...
Re Arpettaz Settlement [2021] WTLR 1171
Wills & Trusts Law Reports | Winter 2021 #185The settlement, a discretionary trust governed by the law of Jersey, was established on 18 July 2011 (the settlement). The settlor, then the chairman of an oil exploration company, originally settled £35,000. Subsequently, a further sum of $15m was settled by the settlor’s wife on 12 February 2012. The principal beneficiary, who was the chief executive officer of the oil company, and the immediate members of his family were the beneficiaries of the settlement. The second to fifth respondents (the English claimants) issued proceedings in the English High Court against the settlor, allegin...
AH v Greyco Ltd & anr [2021] WTLR 783
Wills & Trusts Law Reports | Autumn 2021 #184The applicant (Mr AH) sought the disclosure of trust instruments and trust accounts for the Blue Settlement and the Overseas Distributors Benefit Trust (ODBT), having been ordered to procure and disclose the same to Mrs AH in separate divorce proceedings being heard by the Family Court in England. The trustees of the Blue Settlement (Greyco) gave evidence that Mr AH was the settlor of the Blue Settlement, though both he and his family members were excluded as beneficiaries. The trustees of the ODBT (ABC) gave evidence that neither Mr AH nor his family members were within the class of ben...
Trusts: Finding a way
Continue reading "Trusts: Finding a way"