James Turnbull

Apr 16, 2024 | mondaq.com | Richard Holden |Nigel Sanders |James Turnbull |Craig Macleod

Despite the Trusts (Jersey) Law 1984 ("Trusts Law") expressly providing against the rule against perpetuities currently applying in Jersey, the Royal Court has found the rule to form part of the underlying fabric of Jersey trusts law. It therefore applies to trusts to which the Trusts Law does not apply, in practise meaning trusts created before it came into force. The perpetuities question arose in Representation of Equiom Trust (CI) Limited re Estate of Constantin Mattas [2024]JRC068.

Apr 10, 2024 | mondaq.com | Richard Holden |Nigel Sanders |James Turnbull |Craig Macleod

A nation state can be trustee of a Jersey law express trust, even though it has state immunity against being sued for breach of trust or otherwise being held accountable for its trusteeship in domestic courts. The Royal Court has clarified this in the first case directly on this point to be decided in the Commonwealth. It arose in Representation of Equiom Trust (CI) Limited re Estate of Constantin  Mattas  [2024]JRC068. This concerned a will that provided for various trusts.

Apr 9, 2024 | mondaq.com | Craig Cordle |Richard Holden |Nigel Sanders |James Turnbull

Jersey's Royal Court has confirmed the existence of rules in Jersey law that: Where a trust seeks to provide for mixed charitable and non-charitable purposes, the non-charitable purpose can invalidate the charitable purpose; and Conversely, where there are mixed charitable and non-charitable purposes but the non-charitable purpose is itself invalid, the whole trust property can go to the charitable purpose.

Apr 4, 2024 | lexology.com | Richard Holden |Nigel Sanders |James Turnbull |Craig Macleod |Fraser Hern

A nation state can be trustee of a Jersey law express trust, even though it has state immunity against being sued for breach of trust or otherwise being held accountable for its trusteeship in domestic courts. The Royal Court has clarified this in the first case directly on this point to be decided in the Commonwealth. It arose in Representation of Equiom Trust (CI) Limited re Estate of Constantin Mattas [2024]JRC068. This concerned a will that provided for various trusts.

Apr 3, 2024 | lexology.com | Craig Cordle |Richard Holden |Nigel Sanders |James Turnbull |Fraser Hern

IntroductionJersey's Royal Court has confirmed the existence of rules in Jersey law that:Where a trust seeks to provide for mixed charitable and non-charitable purposes, the non-charitable purpose can invalidate the charitable purpose; andConversely, where there are mixed charitable and non-charitable purposes but the non-charitable purpose is itself invalid, the whole trust property can go to the charitable purpose.