Trust Essentials - July 2020

Trust Essentials - July 2020

Sustained growth in the private wealth market in China inspires our lead article "What your Chinese clients want to know and why", penned by Partner Marcus Leese from our Hong Kong Private Wealth team.

Alongside new arrival King Tan, Marcus regularly advises wealthy Chinese families on their wealth structuring and estate planning, and has considerable expertise in meeting the specific requirements and expectations of clients in this market. From practical questions around trustee and trust location to broader cultural and linguistic factors, there are a number of important considerations for private client practitioners supporting wealthy Chinese families, which Marcus explores in his briefing.

Read the briefing here: What your Chinese private clients want to know and why

Our Global Trusts Advisory Group has recently seen some exciting developments, including the promotion of William Jones, Damian Evans, Nick Brookes and Bryan De Verneuil-Smith to partner and the arrival of Samantha Conolly in Cayman, after completing her articled clerkship with us. Four partners have been recognised in Citywealth's inaugural top 100 trust litigators list and our rising stars continue to be recognised too, with James Angus, Katie Baxter and Richard Laignel recognised in eprivateclient's 2020 Channel Islands top 35 under 35 list.

We hope you enjoy this edition of Trust Essentials, and, as always, do not hesitate to get in touch with your regular Ogier contact, or representatives from our Global Trusts Advisory Group for further information.

Electronic signatures and Guernsey fiduciaries - video update

The use of electronic signatures in Guernsey is well established. The Electronic Transactions Guernsey Law of 2000 established that documents, records and notices would not be denied legal effect by reason of being electronically signed. 

This recognition extends to signing, sealing, attesting and notarising, so most fiduciaries' needs are covered by that statute. However there are exceptions, as Chris Hards explains in this short video update on electronic signatures under Guernsey law.

Watch the video here

COVID-19 - Practical considerations for trustees

The impact of the COVID-19 pandemic is far reaching. This briefing considers some fiduciary and practical issues relevant to trustees in the private wealth area in Jersey during this unprecedented period of social distancing, travel restrictions and turbulent markets. Read the briefing here.

Trusts and insolvency: a guide

Private wealth structures are not immune from insolvency. Here we examine the Jersey and Guernsey position from the trustee's perspective and consider the issues with which a trustee needs to be familiar. Read the briefing here.

Ogier appears on successful petition to remove a Cayman executrix

Ogier appeared in the first successful personal representative removal application in the Cayman Islands. In a highly contested hearing which stretched over four days, and included a last minute attempt to convert the petition proceedings to a writ action, Ogier acted for the residuary beneficiaries in their successful petition for the removal of the executrix under s.8 of the Succession Law (2006 Revision). The team was led by Jennifer Fox, working alongside Deborah Barker Roye and William Waldron. Read more here.

The practicalities of putting a Cayman will in place in the time of COVID-19

Among myriad other things, the COVID-19 pandemic demonstrates the absolute importance of having an up-to-date, valid will but with the restrictions in place, doing this is likely to take a different format to normal. Read more in the briefing here.