Guernsey Trust Law

This book is intended to be a comprehensive treatise of Guernsey trust law providing answers for practitioners advising on Guernsey trusts and trustees administering them.

Guernsey Trust Law

This book is intended to be a comprehensive treatise of Guernsey trust law providing answers for practitioners advising on Guernsey trusts and trustees administering them. In particular, it provides a detailed analysis of the provisions of the Trusts (Guernsey) Law 2007 (as amended), a consideration of Guernsey trust cases as well as relevant cases in Jersey and in other jurisdictions, and analysis of the legal principles underpinning Guernsey trust law. Where there is no clear Guernsey authority on a particular point of law it gives a reasoned view, drawing on relevant legal principles, together with a broad assessment of the confidence of which the authors hold that view.

Laws of Guernsey

; Table of Bailiffs from the time of the Restoration; Introduction; 1) Sources of Guernsey Law and the Force of Precedent; 2) The Constitution of the Bailiwick of Guernsey; 3) The Review of Administrative Decisions; 4) The Housing Control ...

Laws of Guernsey

A considerable volume of international financial business is carried on in Guernsey, a near independent jurisdiction with close constitutional links to Britain about to celebrate the 800th anniversary of its status. Guernsey law is distinct from English law, drawing on its own history and traditions as well as modern English legal principles and those of other jurisdictions. Laws of Guernsey is the first textbook of modern times to introduce the core areas of Guernsey law and court procedure. It is essential reading for the many individuals and entities with business either in Guernsey or governed by Guernsey law. It will be of particular interest and assistance to lawyers from other jurisdictions concerned with Guernsey law issues, whether litigation, succession, insurance, employment or anything else; likewise the book will assist insurers, bankers, trustees and financial services professionals generally. The book includes a foreword written by the Bailiff of Guernsey, the Island's senior judge. The following principal areas are introduced: Company and commercial law; trust law; income tax law; law of succession; property law; employment law; health and safety at work law; tort law; contract law; civil procedure and injunctions; criminal law and procedure; anti-money laundering legislation. The book includes various legislative materials and many cross-references to English law in particular, likewise to French law. Contents: Foreword by the Bailiff of Guernsey; Acknowledgements; Abbreviations; Table of Cases; Table of Laws, Statutes and other legislative materials; Table of Orders of the Royal Court, Rules, Practice Directions etc.; Table of Bailiffs from the time of the Restoration; Introduction; 1) Sources of Guernsey Law and the Force of Precedent; 2) The Constitution of the Bailiwick of Guernsey; 3) The Review of Administrative Decisions; 4) The Housing Control and Right to Work Legislation; 5) Control of Development; 6) Family Law; 7) Guardianship (Tutelle and Curatelle); 8) Law of Trusts: The Trusts (Guernsey) Law 1989; 9) Succession Laws of the Bailiwick; 10) Income Tax; 11) Insolvency; 12) Security Interests; 13) Control of Borrowing; 14) Financial Services Regulation in the Bailiwick; 15) Guernsey Company Law; 16) Employment Law; 17) Health and Safety at Work Law; 18) Civil Courts and Procedure; 19) Injunctions, Arrêts and the Clameur de Haro; 20) Conflict of Laws; 21) Criminal Courts and Procedure; 22) Evidence in Civil and Criminal Proceedings in Guernsey; 23) Guernsey Law of Realty and Leases; 24) Guernsey Law of Tort and Contract; 25) Epilogue; Appendices; Bibliography; Index

Guernsey Business Law Handbook Volume 1 Strategic Information and Basic Laws

TRUSTS Guernsey trusts are particularly attractive in matters of asset protection and ownership, the mitigation of strict inheritance laws (forced heirship), anonymity, matrimonial protection, pension provision and investment in ...

Guernsey Business Law Handbook Volume 1 Strategic Information and Basic Laws

Guernsey Business Law Handbook - Strategic Information and Basic Laws

Case Note Setting Aside and Rectifying Mistakes in Respect of Trusts Relating to Tax Hereward House Remuneration Trust Sampson and Others V Estera Corporate Trustees Guernsey Ltd 2019 GRC075 B Trust A V Nerine Trust Company Ltd 2019 GRC074

The Royal Court of Guernsey has recently handed down two judgments on setting aside and rectifying mistakes in respect of trusts relating to tax.

Case Note   Setting Aside and Rectifying Mistakes in Respect of Trusts Relating to Tax   Hereward House Remuneration Trust  Sampson and Others V Estera Corporate Trustees  Guernsey   Ltd  2019  GRC075  B Trust  A V Nerine Trust Company Ltd  2019  GRC074

The Royal Court of Guernsey has recently handed down two judgments on setting aside and rectifying mistakes in respect of trusts relating to tax. These cases confirm the availability of these remedies under the Trusts (Guernsey) Law, 2007 and the applicable legal principles that will be applied. One case concerned the UK and the other concerned USA.

International Trust Laws

International Trust Laws provides broad ranging and practical coverage of the most important issues in international trust law.

International Trust Laws

International Trust Laws provides broad ranging and practical coverage of the most important issues in international trust law. It analyzes topics including protectors, shams, beneficiaries' right to information and protection from heirs and creditors, examining their development under English law and across a wide range of jurisdictions.

Guernsey Taxation Laws and Regulations Handbook Volume 1 Strategic Information and Basic Taxation Law

Act 1909; they must also produce audited accounts TRUSTS Guernsey trust law has a mixed English/Norman pedigree, but the Trust Law 1989, which mostly reflects English common law, clarified many points, on the whole giving extra ...

Guernsey Taxation Laws and Regulations Handbook Volume 1 Strategic Information and Basic Taxation Law

2011 Updated Reprint. Updated Annually. Guernsey Taxation Laws and Regulations Handbook

Guernsey Economic Development Strategy Handbook Volume 1 Strategic Information Programs Developments

Act 1909; they must also produce audited accounts TRUSTS Guernsey trust law has a mixed English/Norman pedigree, but the Trust Law 1989, which mostly reflects English common law, clarified many points, on the whole giving extra ...

Guernsey Economic   Development Strategy Handbook Volume 1 Strategic Information  Programs  Developments

2011 Updated Reprint. Updated Annually. Guernsey Economic & Development Strategy Handbook

ADR and Trusts

The Arbitration (Guernsey) Law, 1982 ('Arbitration Law') is the most important source of domestic arbitration law in Guernsey and also deals in certain circumstances with foreign arbitration awards. In addition, in Guernsey the ...

ADR and Trusts

Settling trust disputes without litigation can save all parties legal costs and maintain confidentiality (reducing the risk of unwelcome publicity). ADR and Trusts has been written to help professional advisers who want to help their clients to avoid litigation. It is a development from the authors’ accredited mediation training course for the Society of Trust and Estate Practitioners (STEP). Part A introduces the reader to the different forms of dispute resolution, and examines the differences between arbitration and mediation of trust and fiduciary disputes. The mediation process is explained, including: the role of professional advisors, and the tools and techniques for mediation. The authors examine ways of avoiding disputes, cross-border aspects of Alternative Dispute Resolution (ADR), the psychological factors affecting mediation, the mediator’s powers to mediate and settle disputes, and ethical issues in Trust ADR. Islamic and Sharia Trust ADR is also considered, with close study of the developing approaches in Canada and the UK. Part B examines 27 jurisdictions and how trust law and ADR operates in each of them. The jurisdictions covered are: Australia, Bahamas, Barbados, The British Virgin Islands, Canada, Cyprus, England and Wales, Florida, France, Gibraltar, Guernsey, Hong Kong, India, Ireland, Isle of Man, Israel, Italy, Jersey, Liechtenstein, Malaysia, Mauritius, New Zealand, Panama, Scotland, Singapore, Switzerland, and the United Arab Emirates. Each profile addresses: arbitration law and practice, trust law, the mandatory requirements for mediation and the enforcement of ADR awards. Mediators, arbitrators, trust and estate planning practitioners, trust managers and anyone involved in trust disputes should all benefit from reading this book.

The World of Maritime and Commercial Law

before the Privy Council, the Privy Council observed that Jersey trusts law applied this rule to the trustee of a Jersey trust without regard to the nationality of the trustee; and it observed further that the Trusts (Guernsey) Law both ...

The World of Maritime and Commercial Law

This collection of 20 essays contains recent work by legal scholars, practitioners and judges, all internationally renowned for their expertise in the fields of maritime and commercial law. For maritime lawyers, the book contains absorbing and important studies of the law governing maritime collisions, carriage of goods by sea (examining the meaning of 'actual carriage' in the Hamburg Rules, and the complex web of rules that governs multimodal carriage), and marine insurance (discussing the history of the doctrine of utmost good faith, and jurisdiction clauses in cargo policies). In the area of private international law, there are chapters on the choice of law rules affecting the ownership of ships, and on recent cases where conflict of laws issues have been decided by the Privy Council. For generalist commercial lawyers, there is a wealth of scholarship on the Sale of Goods Act 1979, its provisions and scope, and on the rules of contractual interpretation, their history, content and application in commercial settings. In addition, there are chapters on negotiating damages for breach of contract, illegality, tracing misapplied funds, the application of private law rules to disputes about cryptocurrencies and developments in the law of directors' duties. Taken as a whole, the essays in this collection stand out for their breadth of scholarship, analytical power, depth of understanding, and penetrating insights even into the knottiest problems of maritime and commercial law. They are essential reading for every maritime and commercial lawyer and a fitting tribute to a scholar who has led the way in both fields for many decades.

The World Trust Survey

Where an individual is a beneficiary of a trust and that individual is resident in Guernsey for tax purposes, ... and then in a later year pays it out to a Guernsey resident beneficiary, then regardless of trust law principles, ...

The World Trust Survey

The use of international trusts continues to expand, and practitioners increasingly need to be aware of cross-border considerations. This title provides a concise and practical overview of the key aspects of law and practice in all the key jurisdictions offering trusts. Private and commercial trusts are established under the law of an increasing number of jurisdictions, which are competing to attract trust business, and these laws are often dissimilar. As international trusts mature, established trust jurisdictions are changing their laws to comply with the legal demands and standards imposed by international agencies, as well as to meet the legitimate expectations of the institutional investor. The courts of international centres are also developing their own jurisprudence. In addition, jurisdictions new to trusts are introducing trusts in the vehicles which they offer investors, and legislation from these new trust centres is opening up new routes for international investment and tax mitigation. This book provides a comprehensive treatment of the subject, covering all the key on-shore and off-shore jurisdictions that practitioners typically encounter. It offers a very practical overview of the subject using a questionnaire format for each country, avoiding academic material, and giving concise answers to the sorts of frequently asked questions that arise in trust law and practice. The questionnaire covers a full range of subjects such as the mechanics of trusts, issues such as anti-money laundering laws and conflicts of laws, shams, protectors, and forced heirship as well as the different types of trusts used in a jurisdiction.Formerly an annual special issue in the journal Trusts & Trustees, this title has been improved and extended with a reworked questionnaire, new countries and contributors, and a new editor, Charles Gothard. This book is designed to act as the first point of call for practitioners advising on trusts where an international element is involved offering a concise and practical multi-jurisdictional overview of the area.

Offshore Lending and Financing

12.8.4 Lending to Guernsey trusts The law of Guernsey has consolidated its recognition of trusts pursuant to the Trusts (Guernsey) Laws, 1989 and 1990 ('the Trusts Law'). For the purpose of this section, references to a 'trust' are ...

Offshore Lending and Financing

Written for the international banking and financial services community, their advisors and offshore companies, this is the first book comprehensively to address the principles and practice of bank lending to offshore tax haven entities. Highly practical in its analysis of lending considerations via this secretive sector, it also contains a comparative study of law and practice in key offshore jurisdictions.

Trusts

This delay turned into an advantage , however , because Guernsey , although using the laws of Jersey as its ... Trusts tend , therefore , to be subject to a foreign law , and the seat of the trust tends to be abroad , while the actual ...

Trusts

Comparative study covering three models of trust : the English, the international and the civilian. More than forty countries are examined and a unified theory of trusts is submitted. The effects of the Hague Convention of 1985 are discussed, as well as its implementation in ratifying civil law countries, where it is now possible to form trusts under a foreign law.

International Trust Disputes

5 Eg Booilushagg Trust Company Limited v Kaye & Miller [1992] 13 GLJ 14. 8 In the context of trusts, see especially Colussi v Investec Trust (Guernsey) Limited, (2008) Trust Law International, 101 et seq. 7 Seaconsar (Far East) Ltd v ...

International Trust Disputes

The number of disputes involving trusts has risen significantly in recent years. Many disputes take place in the international environment and cross-border jurisdictional issues may arise. These disputes often involve large sums of money, impacting significantly on family relations. The handling of such disputes requires specialist skills and knowledge, including an understanding of how and why private trusts are established and administered and the problems that can arise; an awareness of the cross-jurisdictional issues that may be relevant; and the ability to identify practical legal solutions to the dispute that are compliant with trust principles. International Trust Disputes provides a comprehensive and thorough treatment of this topic. Acting as a specialist guide for practitioners, it offers a survey of the special considerations that may arise with regard to trust disputes as well as a definitive guide to the issues which may be encountered in the jurisdictions where disputes are most likely to take place.

Keeping Foreign Corruption Out of the United States

266 Weidenfeld Law Firm PSI - Abubakar & 11/28/08 $ 50,000 Guernsey Trust Co. Account Weidenfeld - 03-0013 12/22/08 PSI - Abubakar & Weidenfeld Law Firm $ 50,000 Guernsey Trust Co. Account Weidenfeld - 03-0013 Weidenfeld Law Firm PSI ...

Keeping Foreign Corruption Out of the United States

Examines the Obiang case (using U.S. lawyers, real estate and escrow agents, and wire transfer systems to bring suspect funds into the United States), the Bongo case (using lobbyist, family, and U.S. trust accounts to bring suspect funds into the United States), the Abubakar case (using offshore companies to bring suspect funds into the United States) and the Angola case (exploiting poor Politically Exposed Persons (PEP) controls).

Tort Law Challenging Orthodoxy

The Trusts (Guernsey)Law1989 provided astatutoryfooting for trustsinGuernsey. TheStates (of Guernsey) Advisory and Finance Committee had recommended legislation to clarifytherecognition of trusts in the lawof Guernsey because'there wasa ...

Tort Law  Challenging Orthodoxy

In this book leading scholars from the United Kingdom, the United States and Australia challenge established common law rules and suggest new approaches to both old and emerging problems in tort law. Some of the chapters consider broad issues such as the importance of flexibility over certainty in tort law, connections between tort law and human flourishing and the indirect effects of changes in tort law. Other chapters engage more specific topics including the role of vindication in tort law, the relationship between criminal law and tort law, the use of epidemiological evidence in analysing causation, accessory liability in tort law, the role of malice in intentional torts and the role of statutes in tort law. They propose new approaches to contributory negligence, emotional distress, loss of a chance, damages for nuisance, the tort of conspiracy and vicarious liability. The chapters in this book were originally presented at the Sixth Biennial Conference on the Law of Obligations at Western University in London, Ontario in July 2012. They will be highly useful to lawyers, judges and scholars across the common law world.

Litigating Trust Disputes in Jersey

4 In re Z Trusts [2015 (1) JLR N[13]], also reported as [2015] JRC031; Investec Trust (Guernsey) Ltd v Glenalla Properties Ltd 2014 GLR 371. 5 ibid. 6 Trusts (Jersey) Law 1984, Arts 34(2) and (2A). 7 Investec Trust (Guernsey) Limited v ...

Litigating Trust Disputes in Jersey

This text is the first comprehensive guide to litigating trust disputes in Jersey, bringing together analysis of substantive Jersey law, civil procedure and the remedies available to parties appearing in trust litigation before the Royal Court of Jersey. The book is an indispensable tool for trust professionals and legal practitioners with clients that have an exposure to a trust structure in Jersey, whether through a trustee, a beneficiary or a protector, enforcer or other power holder. This book is also of importance to matrimonial, criminal or insolvency practitioners seeking information or documents for the purposes of foreign proceedings and those seeking asset recovery or enforcement against assets subject to Jersey trusts.

Guernsey

management of the trust property, to appoint or remove trustees, beneficiaries, enforcers, and protectors, ... The Convention on the Law Applicable to Trusts and on their Recognition has been extended to Guernsey and Guernsey law ...

Guernsey

This report provides a summary of the Anti-Money Laundering and Combating the Financing of Terrorism (AML/CFT) measures in place in Guernsey at the time of the mission or shortly thereafter. The assessors reviewed the institutional framework; the relevant AML/CFT laws, regulations, guidelines, and other requirements; and the regulatory and other systems in place to deter and punish money laundering (ML) and the financing of terrorism (FT) through financial institutions and Designated Non-Financial Businesses and Professions (DNFBP). The assessors also examined the capacity, implementation, and effectiveness of all these systems.

Moffat s Trusts Law

obligation is to act as a prudent trustee would act, namely with reasonable care and skill, it can be said with force that the core obligation of a ... This route was followed in Guernsey; had the trust in question in Spread Trustee Co ...

Moffat s Trusts Law

Always the serious student's choice for a Trusts Law textbook, the new seventh edition of Moffat's Trusts Law once again provides a clear examination of the rules of Trusts, retaining its hallmark combination of a contextualised approach and a commercial focus. The impact of statutory developments and a wealth of new cases – including the Supreme Court and Privy Council decisions in Patel v. Mirza [2016] UKSC 42, PJS v. News Group Newspapers Ltd [2016] UKSC, Burnden Holdings v. Fielding [2018] UKSC 14, and Federal Republic of Brazil v. Durant [2015] UKPC 35 – are explored. A streamlining of the chapters on charitable Trusts, better to align the book with the typical Trusts Law course, helps students understand the new directions being taken in the areas of Trust Law and equitable remedies.