Trust Essentials - February 2019

Winning Chinese Clients' Trust

What makes a successful private client adviser in 2019? Technical expertise is essential, but as important is being able to use knowledge of the rapidly changing global picture to meet the specific needs and cultural expectations of clients.

Our lead editorial this month from Senior Associate Wisdom Hon and Partner Marcus Leese exemplifies this approach, examining Chinese clients' attitudes to trust legislation, family disputes and settlor control, and how expectations can be met through trust company legislation in BVI, Cayman, Guernsey and Jersey.

Read the full article: Winning Chinese Clients' Trust

New Cayman law expands ways to execute a will

The Cayman Islands' Formal Validity of Wills (Persons Dying Abroad) Law, 2018 came into effect on 1 February 2019.

The law is important to people who own shares in Cayman Islands companies or have interests in Cayman Islands investment funds for example, and offers far greater flexibility for international clients who wish to invest in, and do business in, the Cayman Islands.

Read the full article: New law on Validity of Wills in Cayman

Asset protection trusts in Jersey: why the recent interest?

The current turbulent political climate would suggest that deep seated fears over radical politics, the seizure of assets by political means and nation state sovereignty look set to continue. In these circumstances clients and their advisers continue to analyse where and how they want to structure their assets.

This article considers to what extent a Jersey trust, once established, will protect assets from creditor claims.

Read the full article: Asset protection trusts: why the recent interest?

Undue influence affecting settlors in exercising powers of revocation in Jersey

In a recent decision, arising out of a long running family dispute concerning two trusts, the Royal Court made a number of notable findings regarding the scope and effect of undue influence in a trusts context.

Read the full article: Undue influence affecting settlors in exercising powers of revocation

Successful application for variation of a court order and construction of a trust instrument in Guernsey

The Ogier trusts team in Guernsey has been successful in its application on behalf of a Jersey trustee to vary an order previously made by the Royal Court and to invoke the Court's power to construe a trustee power under its Public Trustee v Cooper jurisdiction.

Read the full article: Successful application for variation of a court order and construction of a trust instrument in Guernsey