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Jersey Case Law

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Trust law [2019] JRC 246

Represenation of Pinnacle Trustees Limited re: the D and E Trusts -

Represenation of Pinnacle Trustees Limited re: the D and E Trusts - [2019] JRC 246 (19 December 2019)

The Jersey Royal Court set aside a 2011 restructuring that moved trust assets into a circular BVI company structure and terminated two trusts without proper consideration.

  • Voidable exercise of fiduciary powers
  • Mistake in trust administration
  • Tax avoidance
  • Corporate restructuring
  • Beneficiary rights
  • Trust-law
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Trusts [2012] JRC 005

In the matter of A (Settlement)

In the matter of A (Settlement) [2012] JRC 005 (05 January 2012)

The Royal Court of Jersey accepted a trustee’s surrender of discretion, implemented a settlement agreement among adult beneficiaries, and refused a tax-avoidance loan direction.

  • Trustee discretion
  • Conflict of interest
  • Tax avoidance
  • Beneficiary settlement
  • Surrender of discretion
  • Trustee-discretion
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Contract law [2003] JRC 232

Singer v Thomas

Singer v Thomas [2003] JRC 232 (19 December 2003)

The Jersey Royal Court enforced a loan bond requiring repayment of ÂŁ170,000, holding the plaintiff liable for the amount actually received plus default interest.

  • Loan agreements
  • Interest rates
  • Enforceability of contracts
  • Tax avoidance
  • Penalty clauses
  • Loan-agreements
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Trust law

In re Neil Ashley (1990) Settlement v

In re Neil Ashley (1990) Settlement v [2003] JLR_Note 9 (14 February 2003)

A Jersey trust variation was approved as being for the benefit of the beneficiaries, with tax avoidance treated as a sufficient benefit.

  • Variation of trusts
  • Benefit of beneficiaries
  • Tax avoidance
  • Trust-variation
  • Benefit-of-beneficiaries
  • Tax-avoidance
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Trust law [2001] JRC 81

In re Hynd Settlement v

In re Hynd Settlement v [2001] JRC 81 (03 April 2001)

The Jersey Royal Court approved a variation of the Hynd Settlement to give trustees greater flexibility in planning around UK tax issues for beneficiaries.

  • Variation of trust
  • Tax avoidance
  • Benefit of beneficiaries
  • Trust-variation
  • Tax-avoidance
  • Benefit-of-beneficiaries
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Trusts and estates [2000] JRC 56

Richard Colin Douglas Settlement

Richard Colin Douglas Settlement [2000] JRC 56 (03 April 2000)

The Royal Court of Jersey approved a trust variation to help avoid capital gains tax, holding that tax minimisation could benefit unborn beneficiaries.

  • Variation of trusts
  • Tax avoidance
  • Beneficiaries' interests
  • Capital gains tax
  • Trust-variation
  • Tax-avoidance
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Trust law [2000] JLR 73

In re Douglas v

In re Douglas v [2000] JLR 73 (03 April 2000)

The court approved a trust variation, holding that tax avoidance, minimization, or deferral can count as a benefit for beneficiaries.

  • Variation of trusts
  • Benefit under trust
  • Tax avoidance
  • Trust-law
  • Trust-variation
  • Tax-avoidance
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Trusts and estates [1999] UR 57

1999/57 - N and N Spread Trustees Company Ltd and Ors

1999/57 - N and N Spread Trustees Company Ltd and Ors [1999] UR 57 (25 March 1999)

The Jersey Royal Court approved a variation of a family trust under Article 43, finding the scheme beneficial to minor beneficiaries despite tax-driven motives and capacity issues.

  • Variation of trusts
  • Capacity of beneficiaries
  • Tax avoidance
  • Benefit to minor beneficiaries
  • Variation-of-trusts
  • Benefit-to-minors
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Trusts [1999] UR 38

1999/38 - Representation of Le Sueur and Ors

1999/38 - Representation of Le Sueur and Ors [1999] UR 38 (23 February 1999)

The Royal Court of Jersey rectified the Joseph Eagle 1989 Settlement to add a missing trustee power to apply capital during the trust period, retrospectively.

  • Rectification of trust deed
  • Mistake in trust drafting
  • Tax avoidance
  • Powers of trustees
  • Trust-rectification
  • Trust-deed-mistake
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Trusts [1990] JLR 264

In re Moody "A" Settlement v

In re Moody "A" Settlement v [1990] JLR 264 (07 December 1987)

The court considered rectification of a trust deed and said its discretion should be exercised cautiously, but it was not required to refuse relief simply because the result might be legitimate UK tax avoidance.

  • Rectification
  • Discretion of court
  • Tax avoidance
  • Trusts
  • Tax-avoidance
  • Discretion-of-court
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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.