Following on from the last paper (duties of trustees) there are several ways trustees can breach their responsibilities, whether through breaching statute (e.g. Art. 21 of the Trusts (Jersey) Law 1984 (Law)), the terms of the trust instrument or their general fiduciary duties. This may happen through failing to carry out a duty, acting outside their powers or acting with an inappropriate standard of care. However, despite a breach, it does not always follow that the trustees are personally liable. For example, one must consider:
For more specific advice on trusts in Jersey, we invite you to contact Giles Corbin or Nichola Aldridge.
