Ms Sally Edwards

Sally Edwards

Updates

Litigation

Royal Court intervenes to set aside trustee decision
Jersey | 13 April 2021

In a recent case, the Royal Court intervened to set aside a decision of the trustee not to make the spouse of the settlor a beneficiary in her own right. The court's decision has implications for trustees and their obligation to act reasonably despite the trustee setting out reasons for its original decision.

Private Client & Offshore Services

Royal Court intervenes to set aside trustee decision
Jersey | 08 April 2021

In a recent case, the Royal Court intervened to set aside a decision of the trustee not to make the spouse of the settlor a beneficiary in her own right. The court's decision has implications for trustees and their obligation to act reasonably despite the trustee setting out reasons for its original decision.

Ethical investment and challenges for trustees
International | 02 April 2020

Impact investing, ethical investing and climate change concerns are increasingly discussed when considering investments and are now affecting trustee decision making. Trustees have a duty to act prudently, with appropriate skill and care and in the interests of beneficiaries when considering their investments. They must ensure that they are not influenced by their own moral considerations – but how should they deal with those of their beneficiaries?

Generation games and avoiding family disputes
Jersey | 05 April 2018

The use of private trust companies is becoming more common as a method of retaining family control through the generations. This, of course, all needs to be balanced against tax and reporting considerations, as well as practical ones. That said, however good the adviser, it is difficult to plan for family disputes; therefore, the main emphasis should be on maintaining flexibility so that the trustee can react to changes of circumstances and wealth passing through the generations.

Use of trusts in Jersey
Jersey | 02 October 2014

While trusts have been established in Jersey for many years, their operation is now governed by a modern, comprehensive statute entitled the Trusts (Jersey) Law 1984. The Trusts Law provides that a trust exists and will be enforced by Jersey courts where a trustee holds or has vested in him or her assets for the benefit of a beneficiary, whether yet ascertained, in existence or for a specified purpose.