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Jersey Case Law

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Judicial review

Imperium Trustees (Jersey) Limited v Jersey Competent Authority

The Royal Court granted leave to amend judicial review grounds and to add a Convention-based challenge connected to tax information notices and costs restrictions.

  • Leave to amend
  • Leave to apply for judicial review
  • Compatibility with articles 6 and 8 of the european convention on human rights
  • Costs consequences of judicial review
  • Tax information notices
  • Judicial-review
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Trusts [2023] JRC 127

Representation of Paicolex Trust Management AG and Paicolex Trust Co. (BVI) Ltd re: R, Q and P Trusts

Representation of Paicolex Trust Management AG and Paicolex Trust Co. (BVI) Ltd re: R, Q and P Trusts [2023] JRC 127 (21 July 2023)

The Royal Court adjourned a trust variation application seeking to remove the settlor’s excluded-person status, pending fuller evidence on tax, assets, and future trustee decisions.

  • Variation of trusts
  • Excluded persons
  • Beneficiary addition
  • Tax planning
  • Court approval for minors and unborns
  • Trust-variation
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Trusts [2022] JRC 288

Equiom Trust (CI) Limited v Mattas and Ors

Equiom Trust (CI) Limited v Mattas and Ors [2022] JRC 288 (16 December 2022)

The Jersey Royal Court refused to vary a trust deed for extra tax and litigation powers, approved a challenge to a French tax levy, but refused substitute security.

  • Trustee powers
  • Variation of trust
  • Foreign tax liability
  • Revenue rule
  • Beneficiary indemnity
  • Trust-variation
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Trusts [2022] JRC 243

Representation of Apex Financial Services (Trustees) Limited re The Elephant Trust

Representation of Apex Financial Services (Trustees) Limited re The Elephant Trust [2022] JRC 243 (08 November 2022)

The Jersey Royal Court approved a trustee’s proposal to terminate a family trust, repay a loan from a Guernsey lender, and distribute assets to the settlor.

  • Trust termination
  • Trustee powers
  • Beneficiary rights
  • Tax efficiency
  • Momentous trustee decisions
  • Trust-termination
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Civil procedure [2021] JRC 320

Lucaya Trustees Limited and Anor v Vistra Trust Company (Jersey) Limited

Lucaya Trustees Limited and Anor v Vistra Trust Company (Jersey) Limited [2021] JRC 320 (20 December 2021)

The court partly granted a discovery variation application, allowing revised search terms for one plaintiff but refusing others, and ordered indemnity costs.

  • Electronic discovery
  • Variation of court orders
  • Proportionality in discovery
  • Costs orders
  • Electronic-discovery
  • Discovery-orders
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Trusts [2020] JRC 071

Representation of The Grundy Trust

Representation of The Grundy Trust [2020] JRC 071 (27 April 2020)

The Jersey Royal Court set aside part of a trustee’s exclusion of Mrs S from a trust, holding the trustee failed to consider relevant factors and could limit exclusion to Mr S’s lifetime.

  • Exercise of trustee powers
  • Exclusion of beneficiaries
  • Mistake
  • Relevant considerations
  • Inheritance tax
  • Trusts
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Trusts [2015] JRC 234B

In the matter of the V Trust

In the matter of the V Trust [2015] JRC 234B (19 November 2015)

The Jersey Royal Court set aside the V Trust because the settlor entered it under a serious mistake about its tax consequences, including inheritance tax liabilities.

  • Mistake in trust creation
  • Tax consequences of trusts
  • Setting aside trusts
  • Inheritance tax liability
  • Trust-mistake
  • Tax-consequences-of-trusts
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Trusts [2015] JRC 136

Representation of X Trustees Ltd

Representation of X Trustees Ltd [2015] JRC 136 (23 June 2015)

The Jersey Royal Court approved trust variations extending the trust period and giving the trustee an unfettered power to accumulate income for the benefit of minor, unborn and unascertained beneficiaries.

  • Variation of trust terms
  • Perpetuity period
  • Accumulation of income
  • Benefit to beneficiaries
  • Tax planning
  • Trust-variation
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Probate [2013] JRC 148

In the matter of A

In the matter of A (Probate) [2013] JRC 148 (29 July 2013)

The Jersey court varied a will under Article 25 of the Probate (Jersey) Law 1998 to restructure trust assets and reduce potential UK capital gains tax.

  • Variation of will
  • Capital gains tax
  • Trust restructuring
  • Will-variation
  • Probate
  • Trusts
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Jersey decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.