Enforcement against discretionary beneficiaries – A thing writ in water

Introduction The Royal Court of Jersey has held in the case of Kea Investments Limited v Watson [1] that it is not possible for a judgment creditor to obtain execution against the interest of a discretionary beneficiary under a Jersey trust. Although a beneficiary’s interest is a species of movable property, it is not transmissible…

Royal Court asked to release whole discretionary trust from saisie judiciaire

The Royal Court has very recently clarified the principles to be applied as to whether assets of a discretionary trust fall to be considered as ‘realisable property’ of a person who is a discretionary beneficiary of such a trust. In Tantular v HM Attorney General [2014] JRC 128 the beneficiaries of a Jersey discretionary trust,…