The Ties That Bind – Pugachev and what it means for Jersey

An analysis of the possible ramifications of the English High Court’s decision in Pugachev and its impact on Jersey trusts, approaches to ‘trust busting’ and the inherent risks in Jersey’s reservation of powers legislation.

Wrongly Executed Will Can be Rectified – Marley v Rawlings & Anor [2014] UKSC 2

The UK Supreme Court has held in Marley v Rawlings and another [2014] UKSC 2 that a mirror will signed by the wrong spouse can be rectified under section 20(1)(a) of the Administration of Justice Act 1982, on the basis that the solicitor who handed the wrong will to each spouse to sign made a…

Beneficiary Secures Victory in Concealed Denial of Trust Claim

A beneficiary recently succeeded in a claim for breach of trust against his grandfather who, having declared that he held the beneficiary’s share as sub-trustee, continued to act as if he had retained the beneficial interest. The significance of the decision in Sheffield v Sheffield and others [2013] EWHC 3927 (Ch) is likely to be confined…

High Court Orders Disclosure of Offshore Trusts in Divorce Proceedings

The High Court in Tchenquiz-Imerman v Imerman [2013] EWHC 3627, has held that disclosure orders made against beneficiaries of discretionary Jersey trusts were justified, proportionate and necessary to support ancillary relief proceedings brought by their step mother against their father. This interesting case provides practitioners with an indication about the willingness of English Courts to…