discretionary trusts – Law Journals

Fiduciary powers: Stocktaking

Stephen Alexander explores when it is possible to exclude a beneficiary under a discretionary trust Typically, if a beneficiary is excluded from a class by way of exercise of a power of exclusion, he or she can take no further interest under the settlement. A power to exclude a beneficiary is a fiduciary power which, …

Continue reading "Fiduciary powers: Stocktaking"

This post is only available to members.

Offshore: No joy for judgment creditors

James Sheedy looks at enforcing judgments against discretionary beneficiaries in Jersey The decision in Kea Investments is simply that a judgment creditor cannot take a shortcut to asset recovery by way of an arrêt. The Royal Court of Jersey has held in Kea Investments Ltd v Watson [2021] that it is not possible for a judgment …

Continue reading "Offshore: No joy for judgment creditors"

This post is only available to members.