Contact

Fred Milner

Fred Milner

Counsel | Jersey

Tony Pursall

Tony Pursall

Consultant | London

Electronic Execution of Trust Documents

24 March 2021

It has become increasingly common for documents, particularly in a commercial context, to be executed electronically, and the trend has been accelerated by the distancing requirements of COVID-19. These factors have also impacted the private client world, notably in relation to wills, but the trend is relevant to the execution of all types of document.

At the same time, the topic is complicated by the fact that it encapsulates a number of different issues, including: the formal requirements for different types of document, for example, deeds and trust documents; delivery; the meaning of electronic signature and the differing rules across jurisdictions. The last of these is particularly relevant to international private client practitioners.

In this guide, the authors focus on trust instruments and supplemental trust documents (Trust Documents) and examine the rules in four jurisdictions: the British Virgin Islands, the Cayman Islands, Guernsey and Jersey.

All four jurisdictions have enacted legislation dealing with electronic execution but, with the exception of Guernsey, the legislation does not deal explicitly with Trust Documents. Consequently, the common-law position must be considered first. As shall be demonstrated, it may also be relevant to the position in Guernsey. 

Fred Milner and Tony Pursall, 'Electronic execution of trust documents', Trust Quarterly Review (Vol19 Iss1), pp.23-30. 

 

 

 

 

Contact

Fred Milner

Fred Milner

Counsel | Jersey

Tony Pursall

Tony Pursall

Consultant | London

About Mourant

Mourant is a law firm-led, professional services business with over 60 years' experience in the financial services sector. We advise on the laws of the British Virgin Islands, the Cayman Islands, Guernsey, Jersey and Luxembourg and provide specialist entity management, governance, regulatory and consulting services.

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