The trust is a concept recognised in many parts of the globe with many countries either having their own trust laws or having ratified the Hague Convention. As such, settlors have a wide range of jurisdictions from which to choose when considering

  • under which law they would like to create a trust,
  • where they want the trust to be administered and
  • which country’s courts they want to hear any potential dispute relating to the trust.

Moreover, not being able to see into the future, settlors should be advised to make provision in the trust instrument, should the need arise (which may well be the case given the long potentially perpetual, life of a trust) to change the proper law of the trust, place of administration and courts with jurisdiction to hear disputes. This paper is a summary of relevant considerations in both selecting and changing the proper law, place of administration or exclusive jurisdiction.

For more specific advice on trusts in Jersey, we invite you to contact Giles Corbin or Nichola Aldridge.

Share
Twitter LinkedIn Email Save as PDF
More Publications
26 Mar 2024

Listing high yield bonds on The International Stock Exchange (TISE)

Find out why TISE is the stock exchange of choice for High Yield Bonds

19 Mar 2024

Guernsey retains its EU adequacy – as expected

The post-Brexit regulatory landscape continues to throw up challenges and jurisdictional arbitrage, ...

18 Mar 2024

Parental Bereavement Leave: Jersey to implement further family leave rights

The UK introduced “Jack’s law” in 2020. Jersey is now following the UK’s example, and as of ...

25 Jan 2024

Fund Finance Laws and Regulations 2024 – Jersey

The Appleby Jersey team provides comprehensive insight into legal trends and developments in the fun...

10 Jan 2024

The Global – your offshore corporate law questions answered

The Global is Appleby’s quarterly collection of expert insights and analysis on the latest develop...

2 Nov 2023

“Arranging” deals in investments is now a regulated activity under the Financial Services (Jersey) Law 1998

Appleby Jersey experts explain why changes to the Financial Services (Jersey) Law 1998 help protect ...

6 Oct 2023

A comparison between the GDPR and the Jersey Data Protection Law

Richard Field discusses key aspects of Jersey's recently enacted data protection legislation in comp...

11 Jul 2023

Proposed Regulation of Consumer Credit in Jersey

Find out more about the Jersey Government’s suggested regulation of the consumer credit regime and...

1 Jun 2023

What is a Pre-Let Agreement?

Whether you're a landlord or tenant looking for pre-let advice, we can help. Our expert property law...