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Jersey Case Law

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Trusts [2023] JRC 157

Representation of Affinity Trust Limited re Tamar Trust and Exe Trust

Representation of Affinity Trust Limited re Tamar Trust and Exe Trust [2023] JRC 157 (31 August 2023)

The Jersey Royal Court set aside trust distributions made on incorrect tax advice, declaring them void under Article 47H and held on bare trust for the trustee.

  • Mistake in exercise of trustee powers
  • Tax consequences of trust distributions
  • Rescission of distributions
  • Article 47h application
  • Trust-mistake
  • Trust-distributions
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Trusts [2023] JRC 080

Representation of Altum Trustees Ltd (formerly LGL Trustees Ltd) and VG Trustees Ltd re Andha Trust

Representation of Altum Trustees Ltd (formerly LGL Trustees Ltd) and VG Trustees Ltd re Andha Trust [2023] JRC 080 (18 May 2023)

The Jersey Royal Court refused to set aside a trust loan agreement under Articles 47G and 47H, finding no actionable mistake and declining discretionary relief.

  • Mistake in exercise of trustee powers
  • Tainting of protected settlements
  • Uk tax consequences for offshore trusts
  • Setting aside trust transactions
  • Fiduciary duties of trustees
  • Trusts-law
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Trusts [2021] JCA 201

Hawksford Trustees Jersey Ltd v P

Hawksford Trustees Jersey Ltd v P [2021] JCA 201 (06 August 2021)

The Jersey Court of Appeal held that Article 47G(2) of the Trusts (Jersey) Law 2004 cannot be used to turn a sale into a gift or rewrite the transaction price for tax relief.

  • Mistake in exercise of trustee powers
  • Voidability of trust transactions
  • Inheritance tax (iht)
  • Court powers under trusts (jersey) law 2004
  • Trusts
  • Mistake
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Trusts [2018] JRC 143

In the matter of the E Settlement

In the matter of the E Settlement [2018] JRC 143 (10 August 2018)

The Royal Court of Jersey set aside a trustee’s demand for loan-note interest after a mistaken belief about UK tax consequences caused a tax charge.

  • Mistake in exercise of trustee powers
  • Hastings-bass principle
  • Income tax liability
  • Relief under trusts (jersey) law 1984
  • Trust-law
  • Trustee-mistake
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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.