Jurisdiction(s):
United Kingdom

Jersey trusts firewall clarified: R Trust [2015] JRC267A—trustees may align with English family court findings without enforcing foreign judgments under Article 9

Published on: 06 May 2016

Published by a LexisNexis Private Client expert

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Original news R Trust [2015] JRC267A What were the background facts of the case?

The matter arose from directions issued by the English Family Court against Jersey-based trustees of a Jersey discretionary trust, even though the trustees had not accepted the authority of that court. Following divorce proceedings in England between Mr B and his former spouse, Mrs B, the court ordered a distribution of the matrimonial estate. Included within that division was a trust established by Mr B, whose only beneficiaries were the parties’ children, both of whom were minors. The trust deed nevertheless allowed, among other powers, the addition of further beneficiaries. The English court determined that Mr B’s transfer of assets into the trust should be unwound, and instructed the trustee to recognise that position and return the trust fund to Mr B so that he could make payment on to Mrs B. The judgment in the financial remedy proceedings made plain that the family’s resources overall were insufficient for Mrs B to sustain the property in England in which she and...

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