Offshore Trusts Report: Jersey
Legal Framework and Formation Rules and Fees
Jersey trusts are governed by The Trust (Jersey) Law
1984, as amended in 2006, which codified trust law largely along
the lines of English-based common law, and the Trusts (Amendment)
(Jersey) Law 1989. Trust company business is regulated under the
provisions of the Financial Services (Jersey) Law 1998.
Appeal against judgements of the Royal Court of Jersey
lie to the Jersey Court of Appeal and finally to the English Privy
Council.
Although Jersey law has its roots in the Norman law
(a 'Roman' or 'Civil' law code), the Trusts (Jersey) Law 1984 codified
an entirely 'Anglo-Saxon' body of trust law, resolving many uncertainties
and increasing protection for beneficiaries. Subsequent amendments
included the recognition of 'purpose' trusts in 1996 (the normal
form of Jersey trusts is 'discretionary'). This has led to an increase
in corporate use of Jersey trusts.
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