Trusts in Crisis Jersey Webinar Series
19 February 2021
Find below the first in a new series of webinars from our International Trusts and Private Client and Litigation teams in Jersey, who will examine the various types of crises that trusts and trustees can face
The first session, which was delivered by Partners Ed Devenport, Justin Harvey-Hills and Stephen Alexander, reviews the following scenarios:
• How to manage a situation where a settlor, beneficiary or other office holder loses capacity, or it is unclear whether they have done so;
• Topically, how to manage liquidity issues and the legal risks that may arise if the trust fund suddenly drops in value.
• How trustees can identify and manage potential conflicts of interest.
Please find below the second in a series of webinars from our International Trusts and Private Client and Litigation teams in Jersey, examining the various types of crises that trusts and trustees can face.
The session, which was delivered by Bruce Lincoln, Ed Devenport and Mathew Cook, reviewed the following scenarios:
• How to respond when allegations of money laundering are made affecting trust assets.
• How trustees should deal with requests for information from beneficiaries and others in the case of beneficiary divorce proceedings, and whether they should submit to the jurisdiction of a foreign divorce court.
• The problems that arise where there is a dispute as to the validity of appointments and removals of trustees and other fiduciaries such as protectors.
The Jersey International Trusts & Private Client and Litigation teams returned with the third and final webinar in our series exploring "Trusts in Crisis".
The session focused on attacks against the trust by third parties, with Edward Devenport dealing with claims against the trust based on forced heirship principles, Justin Harvey-Hills considering attempts to "Pierce the Veil" and Stephen Alexander tackling claims that a trust is a sham.
The seminar considered both the lines of attack that may be made invoking these principles, as well as practical steps that trustees can take in order to avoid or mitigate such claims.