Mourant Jersey Trusts Forum

Our annual Mourant Jersey Trusts Forum was held on Tuesday 24 May at the Radisson Blu Hotel.

Members of our leading International Trusts and Private Client team joined industry experts in delivering insights on key topics and trends in the trusts and private wealth sector via a series of panel discussions. Our focus was on providing an overview of recent developments within the industry, including the most significant judicial decisions and their potential implications. 

Keynote speaker information

Tim Shipman, the Chief Political Commentator of the Sunday Times, was the keynote speaker for the Jersey Trusts Forum 2022 - more details in the agenda below.

An event attended by Jersey trustees and private wealth client advisers, the forum provided an overview of recent developments within the industry, including the most significant judicial decisions and their potential implications, followed by networking drinks and canapés.

Forum Agenda

9:00am - 9:25am - Registration and coffee

9:25am - 9:40am - Welcome from Mourant and Chairman's welcome

9:40am - 10:20am - Case Round Up

At this session, the speakers will discuss recent cases concerning trusts, providing an overview of the decisions and the potential implications for the trusts industry.

Speakers:

• Paul Lewis, Counsel | Mourant
• James MacDougald, Barrister | Ten Old Square Chambers
• Matthew Morrison | Serle Court

10:20am - 11:00am - Who said being a trustee was easy….

We have all heard about crypto and NFTs, but how should a trustee respond when asked to consider investing in them, much less managing them? Similarly, ESG is an ever more prominent consideration, but to what extent can and should trustees factor that in to their decision making?

Moderator:

• Fred Milner, Counsel | Mourant

Speakers:

• Nick Holland, Partner | McDermott Will & Emery
• David Postlethwaite | Jersey Finance
• Bill Byrne, Chief Group Counsel | JTC

11:00am - 11:25am - Coffee Break

11:25am - 12:05pm - A rise in the power of exclusion?

The speakers will discuss the challenges faced by trustees who decide to exclude a beneficiary under a discretionary trust in light of recent court decisions.

Moderator:

• Stephen Alexander, Partner | Mourant

Speakers:

• Ros Hetherington, Senior Associate | Maurice Turnor Gardner
• Jonathan Arr, Partner | Macfarlanes
• Jenny Mckeown, Practice Group Leader l Stephenson Harwood

12:05pm – 12:45pm - Is your trust suitable for the modern era?

Our panellists will discuss the legal and fiduciary issues they frequently encounter when establishing trusts in the modern era, including the impact of the complexities of the modern family and advances in reproductive technology and how, in light of recent judicial developments, protectors can be used to promote the smooth operation of dynastic trust structures.

Moderator:

• Will Burnell, Counsel | Mourant

Speakers:

• Sarajane Kempster, Director, Fiduciary Specialist team | RBC
• Emily Osborne, Partner | Stephenson Harwood
• Robert Ham QC | Wilberforce Chambers

12:45pm – 1:45pm - Lunch

1:45pm - 2:25pm - Fund like vehicles in a private client context

The session will look at examples of pooled investment vehicles in single-family structures, how a single-family structure might be opened up to third party investment and regulatory issues.

Speakers:

• Edward Devenport, Partner | Mourant
• Felicia de Laat, LP Partner | Mourant

2:25pm – 3:05pm - Financial Sanctions and their Impact on Trust Structures

This session will consider the operation of financial sanctions regimes and explore some of the pressing issues faced by trustees when responding to the imposition of sanctions on persons or entities associated with the trust. 

Moderator:

• Stephen Alexander, Partner | Mourant

Speakers:

• Mathew Cook, Partner | Mourant
• Tom Roscoe | Wilberforce Chambers

3:05pm – 3:30pm - Coffee Break

3:30pm – 4:10pm - Successful blessing applications – and how to avoid refusal:

This session considers blessing applications, their purpose and value for trustees and a possible recent trend in blessing application refusals. We analyse this trend and consider the level of scrutiny applied by courts in reaching their decision and how this co-exists with the principle of non-intervention. The panel will also outline steps trustees can take to improve their prospects of successful outcomes.

Moderator:

• Katie Hooper, Partner | Mourant

Speakers:

• Naomi Rive, Group Director & Head of Private Wealth | Highvern
• Roberta Harvey | Forsters
• Tiffany Scott QC l Wilberforce Chambers

4:10pm – 5:00pm - Keynote Speaker: Tim Shipman, the Chief Political Commentator of the Sunday Times