Guernsey Trust Law

Erscheinungsjahr 2020
ISBN: 978-1-5099-1930-7
Verlag: Hart Publishing

Buch, Englisch, 424 Seiten, Hardback, Format (B × H): 156 mm x 234 mm, Gewicht: 752 g

This book is intended to be a comprehensive treatise of Guernsey trust law providing answers for practitioners advising on Guernsey trusts and trustees administering them. In particular, it provides a detailed analysis of the provisions of the Trusts (Guernsey) Law 2007 (as amended), a consideration of Guernsey trust cases as well as relevant cases in Jersey and in other jurisdictions, and analysis of the legal principles underpinning Guernsey trust law. Where there is no clear Guernsey authority on a particular point of law it gives a reasoned view, drawing on relevant legal principles, together with a broad assessment of the confidence of which the authors hold that view.

Autoren/Hrsg.

Pursall, Tony

Guthrie, Matthew

Fachgebiete

• Rechtswissenschaften Ausländisches Recht Common Law (UK, USA, Australien u.a.)

Inhaltsverzeichnis

1. Foundation and Principles

I. Introduction

II. Saisie

III. Statutory Family Trusts

IV. Protective Trusts of Movables
V. Religious Trusts in Connection with the Holding of Churches

VI. Other Charities

VII. Statutory Schemes for the Holding of Churches and Schools

VIII. Use of Trusts in Wills and Other Documents

IX. Growing Use and Statutory Recognition of Trusts in the Twentieth Century
X. Recognition of Trusts by the Guernsey Court

XI. Proposals for the Trusts Law 1989

XII. Overview of the Trusts Law 2007

XIII. Application of Trusts Laws and Amendments

XIV. The Role of Authorities and Precedent in Guernsey

2. Express Trusts

I. Article 29 of the Succession Law 1840

II. Trusts under the Succession Law 1890

III. Trusts of Land in Saisie

IV. Express Private Trusts of Land

V. Charitable Trusts

VI. Purpose Trusts

VII. Employee Benefit Trusts

VIII. Unit Trusts

3. Trusts Arising by Operation of Law

I. Introduction

II. Constructive Trusts of Personalty

III. Liability as a Constructive Trustee

IV. Constructive Trusts of Land

V. Conclusions

4. Taxation

I. The Code of Practice

II. Guernsey Tax Liabilities

III. Liability to Non-Guernsey Taxes

IV. Guernsey Charities

V. Employee Benefit Trusts

VI. Unit Trusts

5. Creation, Validity and Termination

I. Existence of a Trust

II. Principles of Construction

III. Settlor

IV. Formalities

V. Duration and Perpetuities

VI. Validity and Enforceability

VII. Reservation of Powers by the Settlor

VIII. Termination of Trusts

6. Conflict of Laws

I. Introduction

II. Proper Law

III. Jurisdiction of the Guernsey Court

IV. Firewall Provisions

7. Trustees

I. Number of Trustees

II. Appointment of New or Additional Trustees

III. Power to Remove Trustees

IV. Vesting of Property in the New Trustees

V. Disclaimer of Trusteeship

VI. Resignation

VII. Duties of Outgoing Trustee

VIII. Appointment and Removal of Trustees by the Court

IX. Trustee Remuneration

X. Trustees' Expenses
XI. Trustees de Son Tort

XII. Dealings with Third Parties

XIII. Insolvent Trusts

8. Powers, Duties and Liabilities of Trustees

I. Duties of Trustees

II. Powers of Trustees

III. Other Duties Applicable to the Exercise of Trustee Discretions

IV. Letters of Wishes

V. Liability for Breach of Trust

VI. Duties of Prospective Trustees

VII. Liability of Directors of Corporate Trustees

9. Beneficiaries

I. Definition of 'Beneficiary'

II. Addition and Removal of Beneficiaries
III. Requirements for Beneficiaries

IV. Disclaimer

V. Nature of Beneficiary's Interest

VI. Assignment of a Beneficial Interest

VII. Protective Trusts and Spendthrift Provisions

VIII. Class Interests

IX. Consent to Breach of Trust

X. Power to make Beneficiaries Indemnify

XI. Disclosure of Information to Beneficiaries

XII. Data Protection Law

XIII. Disclosure to Third Parties
XIV. Disclosure by Beneficiaries

10. Protectors

I. Introduction

II. Powers of Protectors

III. Regulation of Protectors

IV. Protector not a Trustee

V. Nature of Protector's Powers

VI. Appointment and Removal of Protectors

VII. Protector's Indemnity

VIII. Remuneration

IX. Retirement

X. Court's Jurisdiction in Relation to Protectors

XI. Exoneration

XII. Disclosure of Information

XIII. Delivery Up of Documents

XIV. Exercise of Powers

XV. Liability

XVI. Conflicts of Interest

XVII. Prescription Period

XVIII. Standing to Apply to Court

XIX. Drafting Issues

11. Trust Investments

I. Trustee's Investment Duties

II. Regulatory Issues
III. Delegation of Investment Management

IV. Power to Direct Investments

12. Introduction to Trust Litigation

I. The Jurisdiction of the Royal Court
II. Applications for Directions

III. General Powers of the Court

IV. Application to Distribute Trust Assets in the Context of Anti-money Laundering Issues

V. Approval of Trustees' Actions

VI. Beddoe Applications

VII. Payment of Costs in Relation to Court Proceedings

VIII. Prescription and Limitation Periods

IX. Breach of Trust Judgment against Trustee to be Binding on All Beneficiaries

X. Alternative Dispute Resolution

13. Attacks on Trusts

I. Introduction

II. The Sham Doctrine

III. Donner et Retenir ne Vaut

IV. Variation of Trusts in Foreign Matrimonial Proceedings

14. Variation of Trusts

I. Introduction

II. Variation under the Express Terms of the Trust

III. Variation by the Beneficiaries

IV. Variation by the Court

15. Remedial Applications to Court

I. Introduction

II. General Principles Applicable to Rectification and Rescission

III. Rectification on the Ground of Mistake
IV. Rescission on the Ground of Mistake
V. The Rule in Hastings-Bass

16. Regulation of Fiduciaries

I. Background

II. The Guernsey Financial Services Commission

III. The Regulatory Regime for Professional Fiduciaries

IV. Principal Offence

V. Private Trust Companies

VI. Types of Licences

VII. Other Powers under the Fiduciaries Law 2000

VIII. Licensees' Obligations

17. The Public Trustee

I. The Office of the Public Trustee

II. Trusts in Respect of which the Public Trustee May Act

III. The Functions of the Public Trustee

IV. Regulation

V. Appointment of the Public Trustee as Trustee

VI. Supplementary Powers and Provisions

VII. Appeals against Decisions of the Public Trustee

VIII. Confidentiality

IX. Limitation of Liability

X. Public Trustee to Act Alone in Most Cases

XI. Delegation

XII. Remuneration

Über Autor(innen)

Guthrie, Matthew
Matthew Guthrie is a Partner at Mourant Ozannes, Guernsey.

Pursall, Tony
Tony Pursall is a Consultant at Mourant Ozannes, London.

Tony Pursall is a Partner at Mourant Ozannes, London.
Matthew Guthrie is a Partner at Mourant Ozannes, Guernsey.