Re Bird Charitable Trust [2008] JRC 13; [2008] WTLR 1505 RC (Jersey)

Protectors: The watchdog

Timothy Sherwin takes a closer look at the evolving role of protectors While a protector may be an office created by an individual trust instrument, it is not, unlike the office of trustee, a general role about which sweeping generalisations can easily be made. The role of protectors in trusts, especially but not uniquely in …

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Offshore: The Manx court takes a stand

Paul Lewis and Stephen Alexander discuss protecting the office of protector When deciding whether to exercise a power to appoint a protector, trustees must take into account all relevant considerations and exclude from their reckoning all irrelevant considerations, even when a trust instrument ostensibly gives them carte blanche. Trust settlements may confer powers exercisable by …

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Trusts: Do your homework

Nigel Sanders examines changes of trustees and protectors in contentious circumstances ‘The court held that the appointment of the new trustee and removal of the trustees were such closely linked decisions and exercises of the powers of appointment, that they stood and fell together.’Most modern trust instruments will contain provisions which grant certain individuals the …

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Trust Protectors: Above and beyond the call of duty

Dawn Goodman and Geoffrey Kertesz discuss a case that clarifies the grounds upon which protectors can be removed, and also sounds a note of caution for a common practice in the trust industry Protectors who engage in conduct that is beyond their remit (and perhaps trustee-like in nature) may be placing the entire structure at …

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