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Jersey – Creditor-Driven Winding up Regime in Jersey

Changes to the Companies Law in 2022 have increased the options available to creditors of insolvent Jersey companies - A creditor is now able to apply to the Jersey Court to wind up a company a liquidated claim against a...more

Jersey's Royal Court holds that property of invalid non-charitable trusts can go to charity

Jersey's Royal Court has confirmed the existence of rules in Jersey law that: Where a trust seeks to provide for mixed charitable and non-charitable purposes, the non-charitable purpose can invalidate the charitable...more

Trusts and state immunity – can a nation state be trustee?

A nation state can be trustee of a Jersey law express trust, even though it has state immunity against being sued for breach of trust or otherwise being held accountable for its trusteeship in domestic courts. The Royal Court...more

What became of forever? The rule against perpetuities' last stand in Jersey

Despite the Trusts (Jersey) Law 1984 ("Trusts Law") expressly providing against the rule against perpetuities currently applying in Jersey, the Royal Court has found the rule to form part of the underlying fabric of Jersey...more

Speak no evil - no fraud by silence in Jersey law?

It has been an open question for almost 20 years whether a misrepresentation constituting dol (essentially, fraud) could be made by silence alone in Jersey law. The issue has now been laid to rest following the Royal Court...more

Clarity for third parties claiming against a Jersey estate – just what the doctor prescribed

For executors and administrators of estates it is important to have clarity as to the timeframes within which claims can be brought against the estate they are administering. Heirs and legatees can only bring a challenge...more

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