Tony Pursall, Matthew Guthrie

Guernsey Trust Law (eBook, PDF)

• Format: PDF

Produktbeschreibung

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.

Produktdetails

• Verlag: Bloomsbury UK
• Seitenzahl: 424
• Erscheinungstermin: 5. März 2020
• Englisch
• ISBN-13: 9781509919321
• Artikelnr.: 58705844

Autorenporträt

Tony Pursall is a Consultant at Mourant Ozannes, London.

Inhaltsangabe

1. Foundation and Principles I. Introduction II. Saisie III. Statutory
Family Trusts IV. Protective Trusts of Movables V. Religious Trusts in
Connection with the Holding of Churches VI. Other Charities VII. Statutory
Schemes for the Holding of Churches and Schools VIII. Use of Trusts in
Wills and Other Documents IX. Growing Use and Statutory Recognition of
Trusts in the Twentieth Century X. Recognition of Trusts by the Guernsey
Court XI. Proposals for the Trusts Law 1989 XII. Overview of the Trusts Law
2007 XIII. Application of Trusts Laws and Amendments XIV. The Role of
Authorities and Precedent in Guernsey 2. Express Trusts I. Article 29 of
the Succession Law 1840 II. Trusts under the Succession Law 1890 III.
Trusts of Land in Saisie IV. Express Private Trusts of Land V. Charitable
Trusts VI. Purpose Trusts VII. Employee Benefit Trusts VIII. Unit Trusts 3.
Trusts Arising by Operation of Law I. Introduction II. Constructive Trusts
of Personalty III. Liability as a Constructive Trustee IV. Constructive
Trusts of Land V. Conclusions 4. Taxation I. The Code of Practice II.
Guernsey Tax Liabilities III. Liability to Non-Guernsey Taxes IV. Guernsey
Charities V. Employee Benefit Trusts VI. Unit Trusts 5. Creation, Validity
and Termination I. Existence of a Trust II. Principles of Construction III.
Settlor IV. Formalities V. Duration and Perpetuities VI. Validity and
Enforceability VII. Reservation of Powers by the Settlor VIII. Termination
of Trusts 6. Conflict of Laws I. Introduction II. Proper Law III.
Jurisdiction of the Guernsey Court IV. Firewall Provisions 7. Trustees I.
Number of Trustees II. Appointment of New or Additional Trustees III. Power
to Remove Trustees IV. Vesting of Property in the New Trustees V.
Disclaimer of Trusteeship VI. Resignation VII. Duties of Outgoing Trustee
VIII. Appointment and Removal of Trustees by the Court IX. Trustee
Remuneration X. Trustees' Expenses XI. Trustees de Son Tort XII. Dealings
with Third Parties XIII. Insolvent Trusts 8. Powers, Duties and Liabilities
of Trustees I. Duties of Trustees II. Powers of Trustees III. Other Duties
Applicable to the Exercise of Trustee Discretions IV. Letters of Wishes V.
Liability for Breach of Trust VI. Duties of Prospective Trustees VII.
Liability of Directors of Corporate Trustees 9. Beneficiaries I. Definition
of 'Beneficiary' II. Addition and Removal of Beneficiaries III.
Requirements for Beneficiaries IV. Disclaimer V. Nature of Beneficiary's
Interest VI. Assignment of a Beneficial Interest VII. Protective Trusts and
Spendthrift Provisions VIII. Class Interests IX. Consent to Breach of Trust
X. Power to make Beneficiaries Indemnify XI. Disclosure of Information to
Beneficiaries XII. Data Protection Law XIII. Disclosure to Third Parties
XIV. Disclosure by Beneficiaries 10. Protectors I. Introduction II. Powers
of Protectors III. Regulation of Protectors IV. Protector not a Trustee V.
Nature of Protector's Powers VI. Appointment and Removal of Protectors VII.
Protector's Indemnity VIII. Remuneration IX. Retirement X. Court's
Jurisdiction in Relation to Protectors XI. Exoneration XII. Disclosure of
Information XIII. Delivery Up of Documents XIV. Exercise of Powers XV.
Liability XVI. Conflicts of Interest XVII. Prescription Period XVIII.
Standing to Apply to Court XIX. Drafting Issues 11. Trust Investments I.
Trustee's Investment Duties II. Regulatory Issues III. Delegation of
Investment Management IV. Power to Direct Investments 12. Introduction to
Trust Litigation I. The Jurisdiction of the Royal Court II. Applications
for Directions III. General Powers of the Court IV. Application to
Distribute Trust Assets in the Context of Anti-money Laundering Issues V.
Approval of Trustees' Actions VI. Beddoe Applications VII. Payment of Costs
in Relation to Court Proceedings VIII. Prescription and Limitation Periods
IX. Breach of Trust Judgment against Trustee to be Binding on All
Beneficiaries X. Alternative Dispute Resolution 13. Attacks on Trusts I.
Introduction II. The Sham Doctrine III. Donner et Retenir ne Vaut IV.
Variation of Trusts in Foreign Matrimonial Proceedings 14. Variation of
Trusts I. Introduction II. Variation under the Express Terms of the Trust
III. Variation by the Beneficiaries IV. Variation by the Court 15. Remedial
Applications to Court I. Introduction II. General Principles Applicable to
Rectification and Rescission III. Rectification on the Ground of Mistake
IV. Rescission on the Ground of Mistake V. The Rule in Hastings-Bass 16.
Regulation of Fiduciaries I. Background II. The Guernsey Financial Services
Commission III. The Regulatory Regime for Professional Fiduciaries IV.
Principal Offence V. Private Trust Companies VI. Types of Licences VII.
Other Powers under the Fiduciaries Law 2000 VIII. Licensees' Obligations
17. The Public Trustee I. The Office of the Public Trustee II. Trusts in
Respect of which the Public Trustee May Act III. The Functions of the
Public Trustee IV. Regulation V. Appointment of the Public Trustee as
Trustee VI. Supplementary Powers and Provisions VII. Appeals against
Decisions of the Public Trustee VIII. Confidentiality IX. Limitation of
Liability X. Public Trustee to Act Alone in Most Cases XI. Delegation XII.
Remuneration