Trusts Advisory Group Seminar June 2023

The next Trusts Advisory Group Seminar, hosted by the Ogier team will take place on Wednesday 7 June.

We will be joined by Jonathan Burt and Siena Gold from Harbottle & Lewis who will be presenting on "when loans go wrong" and will cover the following:

• Failure to document/account for loans

• UK inheritance tax exposure on lending – situs and residential property

• UK income tax on lending arrangements – transfer of assets abroad/settlements legislation

• Loans to people who cannot afford to pay them back – insolvent estates

James Angus, Partner in the Dispute Resolution team will be presenting on "when is a sham not a sham?" and will cover the following:

• The Jersey sham test post Cohen & Crooks v Arbitrage Research Foundation

• What is required to demonstrate a sham?

• Why is reckless indifference alone not sufficient?  What more is required? 

• Is reform required given the nature of modern trusts and their assets?

Oliver Passmore, Partner in the Dispute Resolution team will be presenting on the "role of a protector" and will cover the following:

• What is the current Jersey position?

• Is this impacted by the recent decision of the Bermuda Court of Appeal in X Trusts?

• Issues for Trustees and protectors.

A light breakfast will be served prior to the seminar which will also be an opportunity to network.  Please note that this seminar may be considered as a CPD hour.

Please email Alessia Zammataro if you would like to attend the seminar.