08 January 2015

Carey Olsen: Royal Court provides guidance to Jersey trustees involved in foreign divorce proceedings

The judgments in the Representation of HSBC International Trustee Limited [2011] JRC 167 and [2014] JRC 254A address important questions of (i) when trustees of Jersey trusts should submit to the jurisdiction of foreign courts in matrimonial proceedings involving beneficiaries of Jersey trusts, (ii) the circumstances in which a Jersey trustee might make a distribution of assets from a Jersey trust to enable a beneficiary to meet his or her obligations to a former spouse pursuant to an order of a foreign matrimonial court and (iii) the circumstances in which an express power in a Jersey trust instrument to remove or exclude a beneficiary may properly be exercised.

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