Offshore Trusts Report: Guernsey
Legal Framework and Formation Rules and Fees
The Guernsey law of trusts was codified in 1989 along
broadly Anglo-Saxon lines in the Trusts (Guernsey) Law 1989, since
updated by the Trusts (Guernsey) Law 2007. On the whole it gives
extra protection to beneficiaries. This law does not apply directly
in Alderney or Sark, but has a substantial influence on trusts in
those jurisdictions.
Trust documents are in English. There are no registration
requirements for trusts, no fees are payable on formation, and there
are no annual reporting requirements other than for resident trusts
(ie those with resident beneficiaries). Trust accounts must be kept
but there is no audit requirement.
The maximum perpetuity for Guernsey trusts was 100
years, although the introduction of the new legislation in 2007
changed this (see below). The law provides for non-recognition of
foreign judgements, and forced heirship provisions in foreign law
can be over-ridden.
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