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Jersey Case Law

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Trusts [2025] JRC 242

Representation of Dominion Fiduciary Trust Ltd re The F Trust (Royal Court : Hearing

Representation of Dominion Fiduciary Trust Ltd re The F Trust (Royal Court : Hearing (Civil) : MacRae : Trust) [2025] JRC 242 (2 October 2025)

The Royal Court of Jersey set aside trust arrangements created for tax mitigation after finding the parties acted under serious tax-law mistake.

  • Mistake in trust creation
  • Inheritance tax
  • Capital gains tax
  • Setting aside trust transactions
  • Trusts (jersey) law 1984
  • Trusts
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Trusts [2025] JRC 020

Representation of Equiom (CI) Limited re The Capital Trust (Royal Court : Hearing

Representation of Equiom (CI) Limited re The Capital Trust (Royal Court : Hearing (Civil)) [2025] JRC 020 (21 January 2025)

The Royal Court of Jersey set aside a 2009 trust deed appointment for mistake after it triggered unintended inheritance tax consequences and ongoing charges.

  • Mistake in trust administration
  • Inheritance tax
  • Setting aside trust appointments
  • Trust-mistake
  • Inheritance-tax
  • Trust-appointment
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Trusts [2024] JRC 168

Representation of Fiduciary Trust Limited re E Trust

Representation of Fiduciary Trust Limited re E Trust [2024] JRC 168 (06 August 2024)

The Jersey Royal Court set aside a June 2016 declaration of trust over London properties for mistake, holding the assets were always held for the settlor absolutely.

  • Mistake in trust law
  • Setting aside trust transactions
  • Inheritance tax
  • Capital gains tax
  • Trustee powers
  • Beneficiary interests
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Trusts law [2023] JRC 047

In the matter of the Indigo Trust

In the matter of the Indigo Trust [2023] JRC 047 (21 March 2023)

The Jersey Royal Court set aside a 2019 transfer into the Indigo Trust for mistake over UK inheritance tax, but refused to deem a new trust to exist from 2020.

  • Mistake in trust disposition
  • Inheritance tax
  • Jurisdiction of jersey court under article 47e
  • Setting aside trust transfers
  • Trustee powers and liabilities
  • Trust-mistake
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Trust law [2021] JRC 130

Representation of Hawksford Trustees Jersey Limited Re M Settlement 04-May-2021

Representation of Hawksford Trustees Jersey Limited Re M Settlement 04-May-2021 [2021] JRC 130 (04 May 2021)

The Jersey Royal Court refused to partially set aside a 2012 trust restructuring for mistake where doing so would have turned a sale into a gift.

  • Setting aside transactions for mistake
  • Trustee powers
  • Inheritance tax
  • Partial rescission
  • Trust-law
  • Mistake
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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 [2019] JRC 035

In the matter of the B Trust

In the matter of the B Trust [2019] JRC 035 (03 March 2019)

The Royal Court of Jersey held that transfers into a trust were voidable for mistake, but refused to remake the transfers to improve tax outcomes.

  • Mistake in trust formation
  • Inheritance tax
  • Domicile
  • Disposition of trust property
  • Relief for mistake
  • Trusts
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Trusts [2018] JRC 174A

A and B v C and Ors

A and B v C and Ors [2018] JRC 174A (18 September 2018)

The Jersey Royal Court set aside mistaken trust transfers driven by tax advice, restored the original settlement, and ratified related trustee actions.

  • Mistake in trust disposition
  • Setting aside trust transfers
  • Inheritance tax
  • Capital gains tax
  • Ratification of trustee actions
  • Trust-mistake
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Trusts and estates [2015] JRC 259

In the matter of the S Trust and the T Trust

In the matter of the S Trust and the T Trust [2015] JRC 259 (16 December 2015)

The Jersey Royal Court set aside transfers into two family trusts, finding both sets of representors had made a serious mistake about inheritance tax consequences.

  • Mistake in trust law
  • Setting aside dispositions
  • Inheritance tax
  • Trusts (jersey) law 1984
  • Trusts (amendment no.6) (jersey) law 2013
  • Trust-mistake
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