Jersey: Offshore Trusts Guide
Trusts Amendment Act 2006
In early 2005, the government published a consultation paper proposing significant amendments and enhancements to the Island’s Trusts Law. Five main amendments were proposed.
The paper noted some criticism of the existing anti-forced heirship provisions contained in Article 8A of the Trusts Law and proposed either amending the existing article or deleting it entirely and replacing it with a new article. It is also proposed that Article 8A(2) of the Trusts Law should apply to all individuals, not just persons domiciled outside Jersey.
The paper proposed that a new article should be added to the Trusts Law to confirm that the reservation, or grant to another person, by a settlor of any powers from a defined list should not invalidate the trust, and also to allow the statutory duty of care imposed on trustees to be written out by the trust instrument.