![Headshot of James Campbell](/media/dpmbkbsr/james-campbell.jpg?cc=0.1781514380448253,0.011342238820059289,0.17656187585216196,0.3426979849901382&width=1440&height=960&quality=90)
James Campbell
Partner | Legal
Jersey
![Headshot of James Campbell](/media/dpmbkbsr/james-campbell.jpg?cc=0.24968221325685575,0.019604558946473175,0.3034670520176996,0.3094383174849376&width=300&height=300&quality=90)
James Campbell
Partner
Jersey
Big things are happening at Ogier. Change is embedded in everything we do. It is redefining our talent, our ways of working, our platforms of delivery, our culture.
Services
We have the expertise to handle the most demanding transactions. Our commercial understanding and experience of working with leading financial institutions, professional advisers and regulatory bodies means we add real value to clients’ businesses.
Sectors
Our sector approach relies on smart collaboration between teams who have a deep understanding of related businesses and industry dynamics. The specific combination of our highly informed experts helps our clients to see around corners.
We have the expertise to handle the most demanding transactions. Our commercial understanding and experience of working with leading financial institutions, professional advisers and regulatory bodies means we add real value to clients’ businesses.
Legal
Corporate and Fiduciary
Consulting
Banking and Finance
Corporate
Dispute Resolution
Employment law
Intellectual Property
Investment Funds
Listing services
Local Legal Services
Accounting and Financial Reporting Services - Ogier Global
Cayman Islands AML/CFT training - Ogier Global
Corporate Services - Ogier Global
Regulatory and Compliance Services - Ogier Global
Sustainable Investment Consulting
Our sector approach relies on smart collaboration between teams who have a deep understanding of related businesses and industry dynamics. The specific combination of our highly informed experts helps our clients to see around corners.
Ogier provides practical advice on BVI, Cayman Islands, Guernsey, Irish, Jersey and Luxembourg law through our global network of offices across the Asian, Caribbean and European timezones. Ogier is the only firm to advise on this unique combination of laws.
Keep up to date with industry insights, analysis and reviews. Find out about the work of our expert teams and subscribe to receive our newsletters straight to your inbox.
Fresh thinking, sharper opinion.
We get straight to the point, managing complexity to get to the essentials. Our global network of offices covers every time zone.
About us
Corporate social responsibility (CSR)
Diversity, equity and inclusion
Information security
Innovation
Sustainability
No Content Set
Exception:
Website.Models.ViewModels.Components.General.Banners.BannerComponentVm
ON THIS PAGE
The power to appoint trustees is often contained in the trust deed and is commonly granted to either the trustee of the trust from time to time, or a third party such as the settlor or protector of the trust. Whoever has the power to appoint new or additional trustees must take into account a variety of factors.
Recent case law has indicated the considerations that should be taken into account and that trustees – both those retiring and those being newly appointed – should be aware of to ensure any appointments are not considered to be invalid.
Fiduciary Power – Although the power of appointment of trustee is an administrative (rather than dispositive) power, the power of appointment is considered to be fiduciary in nature
Duties to consider when exercising fiduciary power – As it has a fiduciary nature the power of appointment of a trustee must only be used for the benefit of the beneficiaries as a whole. The power cannot be used for the personal benefit of the power holder and the power holder (even if not a trustee) must consider their fiduciary duties when making an appointment
No specific duty for a retiring trustee where power is exercised by a third party – A retiring trustee is not under any specific duty in relation to the appointment of a new trustee when the power of appointment is exercised by a third party power holder
Appointment of an unsuitable new trustee – The appointment of an unsuitable trustee may result in the purported appointment being considered void or even voidable
Invalid appointments – Where the appointment of a trustee is void, a retiring sole trustee may be considered to continue to hold trust property in its fiduciary capacity as trustee until an effective appointment of a new trustee has been made
Duty to act in good faith and in the interests of the beneficiaries as a whole – The appointment of a trustee must be made in good faith and in the best interests of the beneficiaries as a whole
Duty to reach a decision open to a reasonable appointor – This duty imposes the obligation to give genuine and reasonable consideration to the appointment of a trustee
Duty to take into account relevant matters and only those matters – This duty requires the appointor to take only relevant matters into account and to ignore irrelevant matters
Duty not to act for an ulterior purpose – The appointment of a trustee should not be made for an ulterior purpose. To the extent that an appointment is made for an ulterior purpose then the appointment may be viewed as a fraud on a power and the appointment may be considered void
Trusts (Jersey) Law 1984 – Any trustee exercising the power of appointment of a new trustee must ensure that they comply with the general trustee duties under the Trusts (Jersey) Law 1984 (as amended) including the duty to act (i) with due diligence, (ii) as would a prudent person (iii) to the best of their ability and (iv) to observe the utmost good faith
James Campbell
Partner | Legal
Jersey
James Campbell
Partner
Jersey
Contact James
Back
Josephine Howe
Partner | Legal
Jersey
Josephine Howe
Partner
Jersey
Contact Josephine
Back
George Yates
Senior Associate | Legal
Jersey
George Yates
Senior Associate
Jersey
Contact George
Back
Sign up to receive updates and newsletters from us.
Sign up
No Content Set
Exception:
Website.Models.ViewModels.Blocks.SiteBlocks.CookiePolicySiteBlockVm