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TRUSTS (JERSEY) LAW 1984

Revised Edition
13.875
Showing the law as at 1 January 2007
This is a revised edition of the law

Trusts (Jersey) Law 1984

Arrangement

TRUSTS (JERSEY) LAW 1984

Arrangement
Article
PART 1

7

GENERAL

7

1
2
3
4
5

Interpretation ...................................................................................................7
Existence of a trust ..........................................................................................8
Recognition of a trust by the law of Jersey .....................................................8
Proper law of a trust ........................................................................................9
Jurisdiction of court.........................................................................................9

PART 2

9

PROVISIONS APPLICABLE ONLY TO A JERSEY TRUST

9

6

Application of Part 2 .......................................................................................9

7
8
9
9A
10
10A
11
12
13
14
15

Creation, validity and duration of Jersey trusts
10
Creation of a trust..........................................................................................10
Property which may be placed in a trust .......................................................10
Extent of application of law of Jersey to creation, etc. of a trust ..................10
Powers reserved by settlor.............................................................................11
Beneficiaries of a trust...................................................................................12
Disclaimer of interest ....................................................................................13
Validity of a Jersey trust................................................................................13
Trusts for non-charitable purposes ................................................................14
Enforcers .......................................................................................................14
Resignation or removal of enforcer...............................................................14
Duration of a Jersey trust ..............................................................................15

16
17
18
19
20

Appointment, retirement and discharge of trustees 15
Number of trustees ........................................................................................15
Appointment out of court of new or additional trustee .................................15
Prohibition of renunciation after acceptance.................................................16
Resignation or removal of trustee .................................................................16
.......................................................................................................................17
Duties of trustees

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17

Page - 3

Arrangement

Trusts (Jersey) Law 1984

21
22
23

Duties of trustee ............................................................................................17
Duty of co-trustees to act together ................................................................18
Impartiality of trustee....................................................................................18

24
25
26
27
28
29

General powers of trustees
18
Powers of trustee...........................................................................................18
Delegation by trustee ....................................................................................18
Remuneration and expenses of trustee..........................................................19
Power to appropriate .....................................................................................19
Corporate trustee acting by resolution ..........................................................19
Trustee may refuse to make disclosure .........................................................19

30
31
32
33
34

Liability for breach of trust
20
Liability for breach of trust ...........................................................................20
Trustee acting in respect of more than one trust ...........................................21
Trustee’s liability to third parties ..................................................................21
Constructive trustee ......................................................................................21
Position of outgoing trustee ..........................................................................22

35
36
37
38
39
40
41

Protective trusts; class interests; and certain powers22
Spendthrift or protective trust .......................................................................22
Class interests ...............................................................................................23
Variation of terms of a trust ..........................................................................23
Power of accumulation and advancement.....................................................23
Power of appointment ...................................................................................24
Power of revocation ......................................................................................24
Power to provide for change of proper law...................................................25

42
43

Failure, lapse and termination of trusts
25
Failure or lapse of interest.............................................................................25
Termination of a Jersey trust.........................................................................25

44
45
46
47
47A

Powers of the court
26
Appointment of resident trustee....................................................................26
Power to relieve trustee from personal liability ............................................26
Power to make beneficiary indemnify for breach of trust.............................26
Variation of terms of a Jersey trust by the court and approval of
particular transactions ...................................................................................27
Trusts for charitable or non-charitable purposes...........................................27

PART 3

28

PROVISIONS APPLICABLE TO A FOREIGN TRUST

28

48
49

Application of Part 3.....................................................................................28
Enforceability of a foreign trust ....................................................................28

PART 4

29

PROVISIONS OF GENERAL APPLICATION

29

50
51
52
53

Page - 4

Application of Part 4.....................................................................................29
Applications to and certain powers of the court ...........................................29
Execution of instruments by order of the court.............................................30
Payment of costs ...........................................................................................30

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Trusts (Jersey) Law 1984

54
55
56
57

Arrangement

Nature of trustee’s estate, following trust property and insolvency of
trustee ............................................................................................................30
Protection to persons dealing with trustee.....................................................31
.......................................................................................................................31
Limitation of actions or prescription .............................................................31

PART 5

32

SUPPLEMENTAL

32

58
59
60
61

Application of this Law.................................................................................32
Saving provisions ..........................................................................................32
Rules of Court ...............................................................................................33
Citation..........................................................................................................33

Supporting Documents
ENDNOTES

34

Table of Legislation History.........................................................................................34
Table of Renumbered Provisions..................................................................................34
Table of Endnote References........................................................................................37

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Trusts (Jersey) Law 1984

Article 1

TRUSTS (JERSEY) LAW 1984

A LAW to make provision with regard to trusts, trustees and persons interested
under trusts and for connected purposes
Commencement [see endnotes]

PART 1
GENERAL
1

Interpretation
(1)

In this Law, unless the context otherwise requires –
“beneficiary” means a person entitled to benefit under a trust or in whose
favour a discretion to distribute property held on trust may be exercised;
“breach of trust” means a breach of any duty imposed on a trustee by this
Law or by the terms of the trust;
“corporate trustee” means a trustee which is a corporation;
“corporation” means a body corporate wherever incorporated;
“court” means the Inferior Number of the Royal Court;
“enforcer” shall be construed in accordance with Article 13;1
“foreign trust” means a trust whose proper law is the law of some
jurisdiction other than Jersey;
“insurance” includes assurance;
“interdict” means a person, other than a minor, who under the law of
Jersey or under the law of the person’s domicile does not have legal
capacity;
“interest of a beneficiary” means the beneficiary’s interest under a trust
and references to the beneficiary’s interest have a corresponding
meaning;

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Article 2

Trusts (Jersey) Law 1984

“Jersey trust” means a trust whose proper law is the law of Jersey;
“minor” means a person who under the law of Jersey or under the law of
the person’s domicile has not reached the age of legal capacity;
“personal representative” means the executor or administrator for the
time being of a deceased person and, in the context of a Jersey trust,
includes the principal heir;
“property” means property of any description wherever situated, and, in
relation to rights and interests includes those rights and interests whether
vested, contingent, defeasible or future;
“settlor” means a person who provides trust property or makes a
testamentary disposition on trust or to a trust;
“terms of a trust” means the written or oral terms of a trust, and also
means any other terms made applicable by the proper law;
“trust” includes –
(a)

the trust property; and

(b)

the rights, powers, duties, interests, relationships and obligations
under a trust;

“trust property” means the property for the time being held in a trust;
“unit trust” means any trust established for the purpose, or having the
effect, of providing, for persons having funds available for investment,
facilities for the participation by them as beneficiaries under the trust, in
any profits or income arising from the acquisition, holding, management
or disposal of any property whatsoever.
(2)

2

This Law shall not be construed as a codification of laws regarding trusts,
trustees and persons interested under trusts.

Existence of a trust
A trust exists where a person (known as a trustee) holds or has vested in the
person or is deemed to hold or have vested in the person property (of which the
person is not the owner in the person’s own right) –

3

(a)

for the benefit of any person (known as a beneficiary) whether or not yet
ascertained or in existence;

(b)

for any purpose which is not for the benefit only of the trustee; or

(c)

for such benefit as is mentioned in sub-paragraph (a) and also for any
such purpose as is mentioned in sub-paragraph (b).

Recognition of a trust by the law of Jersey
Subject to this Law, a trust shall be recognized by the law of Jersey as valid and
enforceable.

Page - 8

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Trusts (Jersey) Law 1984

4

Proper law of a trust
(1)

(2)

(3)

5

Article 4

Subject to Article 41, the proper law of a trust shall be the law of the
jurisdiction –
(a)

expressed by the terms of the trust as the proper law; or failing that

(b)

to be implied from the terms of the trust; or failing either

(c)

with which the trust at the time it was created had the closest
connection.2

The references in paragraph (1) to “failing that” or “failing either”
include references to cases –
(a)

where no law is expressed or implied under sub-paragraph (a) or
(b) of that paragraph; and

(b)

where a law is so expressed or implied, but that law does not
provide for trusts or the category of trusts concerned.3

In ascertaining, for the purpose of paragraph (1)(c), the law with which a
trust had the closest connection, reference shall be made in particular to –
(a)

the place of administration of the trust designated by the settlor;

(b)

the situs of the assets of the trust;

(c)

the place of residence or business of the trustee;

(d)

the objects of the trust and the places where they are to be
fulfilled.4

Jurisdiction of court
The court has jurisdiction where –
(a)

the trust is a Jersey trust;

(b)

a trustee of a foreign trust is resident in Jersey;

(c)

any trust property of a foreign trust is situated in Jersey; or

(d)

administration of any trust property of a foreign trust is carried on in
Jersey.

PART 2
PROVISIONS APPLICABLE ONLY TO A JERSEY TRUST
6

Application of Part 2
This Part of this Law shall apply only to a Jersey trust.

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Article 7

Trusts (Jersey) Law 1984

Creation, validity and duration of Jersey trusts

7

8

Creation of a trust
(1)

Subject to paragraph (3), a trust may come into existence in any manner.

(2)

Without prejudice to the generality of paragraph (1), a trust may come
into existence by oral declaration, or by an instrument in writing
(including a will or codicil) or arise by conduct.

(3)

A unit trust may be created only by an instrument in writing.

Property which may be placed in a trust
Subject to Article 11(2) –

9

(a)

any property may be held by or vested in a trustee upon trust; and

(b)

a trustee may accept from any person property to be added to the trust
property.

Extent of application of law of Jersey to creation, etc. of a trust5
(1)

Subject to paragraph (3), any question concerning –
(a)

the validity or interpretation of a trust;

(b)

the validity or effect of any transfer or other disposition of property
to a trust;

(c)

the capacity of a settlor;

(d)

the administration of the trust, whether the administration be
conducted in Jersey or elsewhere, including questions as to the
powers, obligations, liabilities and rights of trustees and their
appointment or removal; or

(e)

the existence and extent of powers, conferred or retained, including
powers of variation or revocation of the trust and powers of
appointment and the validity of any exercise of such powers,

shall be determined in accordance with the law of Jersey and no rule of
foreign law shall affect such question.
(2)

(3)
Page - 10

Without prejudice to the generality of paragraph (1), any question
mentioned in that paragraph shall be determined without consideration of
whether or not –
(a)

any foreign law prohibits or does not recognise the concept of a
trust; or

(b)

the trust or disposition avoids or defeats rights, claims, or interests
conferred by any foreign law upon any person by reason of a
personal relationship to the settlor or by way of heirship rights, or
contravenes any rule of foreign law or any foreign judicial or
administrative order or action intended to recognize, protect,
enforce or give effect to any such rights, claims or interests.

The law of Jersey relating to –
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Trusts (Jersey) Law 1984

Article 9A

(a)

légitime; and

(b)

conflicts of law,

shall not apply to the determination of any question mentioned in
paragraph (1) unless the settlor is domiciled in Jersey.
(4)

No foreign judgement with respect to a trust shall be enforceable to the
extent that it is inconsistent with this Article irrespective of any
applicable law relating to conflicts of law.

(5)

The rule donner et retenir ne vaut shall not apply to any question
concerning the validity, effect or administration of a trust, or a transfer or
other disposition of property to a trust.

(6)

In this Article –
“foreign” refers to any jurisdiction other than Jersey;
“heirship rights” means rights, claims or interests in, against or to
property of a person arising or accruing in consequence of his or her
death, other than rights, claims or interests created by will or other
voluntary disposition by such person or resulting from an express
limitation in the disposition of his or her property;
“légitime” and “donner et retenir ne vaut” have the meanings assigned to
them by Jersey customary law;
“personal relationship” includes the situation where there exists, or has in
the past existed, any of the following relationships between a person and
the settlor –

(7)

9A

(a)

any relationship by blood, marriage or adoption (whether or not the
marriage or adoption is recognised by law);

(b)

any arrangement between them such as to give rise in any
jurisdiction to any rights, obligations or responsibilities analogous
to those of parent and child or husband and wife; or

(c)

any personal relationship between the person or the settlor and a
third person who in turn has a personal relationship with the settlor
or the person as the case may be.

Despite Article 59, this Article applies to trusts whenever constituted or
created.

Powers reserved by settlor6
(1)

The reservation or grant by a settlor of a trust of –
(a)

any beneficial interest in the trust property; or

(b)

any of the powers mentioned in paragraph (2),

shall not affect the validity of the trust nor delay the trust taking effect.
(2)

The powers are –
(a)

to revoke, vary or amend the terms of a trust or any trusts or
powers arising wholly or partly under it;

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Article 10

10

Trusts (Jersey) Law 1984

(b)

to advance, appoint, pay or apply income or capital of the trust
property or to give directions for the making of such advancement,
appointment, payment or application;

(c)

to act as, or give binding directions as to the appointment or
removal of, a director or officer of any corporation wholly or partly
owned by the trust;

(d)

to give binding directions to the trustee in connection with the
purchase, retention, sale, management, lending, pledging or
charging of the trust property or the exercise of any powers or
rights arising from such property;

(e)

to appoint or remove any trustee, enforcer, protector or beneficiary;

(f)

to appoint or remove an investment manager or investment adviser;

(g)

to change the proper law of the trust;

(h)

to restrict the exercise of any powers or discretions of a trustee by
requiring that they shall only be exercisable with the consent of the
settlor or any other person specified in the terms of the trust.

(3)

Where a power mentioned in paragraph (2) has been reserved or granted
by the settlor, a trustee who acts in accordance with the exercise of the
power is not acting in breach of trust.

(4)

The States may make Regulations amending paragraph (2).

Beneficiaries of a trust
(1)

A beneficiary shall be –
(a)

identifiable by name; or

(b)

ascertainable by reference to –
(i)

a class, or

(ii)

a relationship to some person whether or not living at the
time of the creation of the trust or at the time which under
the terms of the trust is the time by reference to which
members of a class are to be determined.

(2)

The terms of a trust may provide for the addition of a person as a
beneficiary or the exclusion of a beneficiary from benefit.

(3)

Subject to Article 30(10), the terms of a trust may impose upon a
beneficiary an obligation as a condition for benefit.7

(4)

8

(5)

9

(6)

10

(7)

11

(8)

12

(9)

13

(10) The interest of a beneficiary shall constitute movable property.

Page - 12

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Trusts (Jersey) Law 1984

Article 10A

(11) Subject to the terms of the trust, a beneficiary may sell, pledge, charge,
transfer or otherwise deal with his or her interest in any manner.
(12) A settlor or a trustee of a trust may also be a beneficiary of the trust.
10A Disclaimer of interest14

11

(1)

Despite the terms of the trust, a beneficiary may disclaim, either
permanently or for such period as he or she may specify, the whole or any
part of his or her interest under a trust if he or she does so in writing.

(2)

Paragraph (1) applies whether or not the beneficiary has received any
benefit from the interest.

(3)

Subject to the terms of the trust, if the disclaimer so provides it may be
revoked in accordance with its terms.

Validity of a Jersey trust
(1)

Subject to paragraphs (2) and (3), a trust shall be valid and enforceable in
accordance with its terms.

(2)

Subject to Article 12, a trust shall be invalid –
(a)

(b)

(3)

(4)

to the extent that –
(i)

it purports to do anything the doing of which is contrary to
the law of Jersey,

(ii)

it purports to confer any right or power or impose any
obligation the exercise or carrying out of which is contrary
to the law of Jersey,

(iii)

it purports to apply directly to immovable property situated
in Jersey, or

(iv)

it is created for a purpose in relation to which there is no
beneficiary, not being a charitable purpose;

to the extent that the court declares that –
(i)

the trust was established by duress, fraud, mistake, undue
influence or misrepresentation or in breach of fiduciary duty,

(ii)

the trust is immoral or contrary to public policy, or

(iii)

the terms of the trust are so uncertain that its performance is
rendered impossible.15

Where a trust is created for 2 or more purposes of which some are lawful
and others are unlawful –
(a)

if those purposes cannot be separated the trust shall be invalid;

(b)

where those purposes can be separated the court may declare that
the trust is valid as to the purposes which are lawful.

Where a trust is partially invalid the court may declare what property is
trust property, and what property is not trust property.

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Article 12

Trusts (Jersey) Law 1984

(5)

Where paragraph (2)(a)(iii) applies, any person in whom the title to such
immovable property is vested shall not be, and shall not be deemed to be,
a trustee of such immovable property.

(6)

Property as to which a trust is wholly or partially invalid shall, subject to
paragraph (5) and subject to any order of the court, be held by the trustee
in trust for the settlor absolutely or if the settlor is dead for his or her
personal representative.

(7)

In paragraph (6) “settlor” means the particular person who provided the
property as to which the trust is wholly or partially invalid.

(8)

An application to the court under this Article may be made by any person
referred to in Article 51(3).

12

Trusts for non-charitable purposes16
A trust shall not be invalid to any extent by reason of Article 11(2)(a)(iv) if the
terms of the trust provide for the appointment of an enforcer in relation to its
non-charitable purposes, and for the appointment of a new enforcer at any time
when there is none.

13

14

Enforcers17
(1)

It shall be the duty of an enforcer to enforce the trust in relation to its
non-charitable purposes.

(2)

The appointment of a person as enforcer of a trust in relation to its noncharitable purposes shall not have effect if the person is also a trustee of
the trust.

(3)

Article 21(4) shall apply to an enforcer as if the reference in subparagraph (b) of that paragraph to “a trustee” were a reference to “an
enforcer” and the references in that sub-paragraph to the “trustee’s
trusteeship” and “such trusteeship” were both references to the
“enforcer’s appointment”.

Resignation or removal of enforcer18
(1)

Subject to paragraph (3), an enforcer may resign his or her office by
notice in writing delivered to the trustee.

(2)

A resignation takes effect on the delivery of notice in accordance with
paragraph (1).

(3)

A resignation given in order to facilitate a breach of trust shall be of no
effect.

(4)

An enforcer shall cease to be enforcer of the trust in relation to its noncharitable purposes immediately upon –

Page - 14

(a)

the enforcer’s removal from office by the court;

(b)

the enforcer’s resignation becoming effective;

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Trusts (Jersey) Law 1984

15

Article 15

(c)

the coming into effect of a provision in the terms of a trust under
which the enforcer is removed from office or otherwise ceases to
hold office; or

(d)

the enforcer’s appointment as a trustee of the trust.

Duration of a Jersey trust19
(1)

Unless its terms provide otherwise, a trust may continue in existence for
an unlimited period.

(2)

No rule against perpetuities or excessive accumulations shall apply to a
trust or to any advancement, appointment, payment or application of
assets from a trust.

(3)

Except where the terms of a trust provide to the contrary, any
advancement, appointment, payment or application of assets from that
trust to another trust shall be valid even if that other trust may continue
after the date by which the first trust must terminate.
Appointment, retirement and discharge of trustees

16

17

Number of trustees20
(1)

Subject to the terms of the trust, a trust must have at least one trustee.

(2)

A trust shall not fail on grounds of having fewer trustees than required by
this Law or the terms of the trust.

(3)

If the number of trustees falls below the minimum number required by
paragraph (1) or, if greater, by the terms of the trust, the required number
of new trustees must be appointed as soon as practicable.

(4)

While there are fewer trustees than are required by the terms of the trust,
the existing trustees may only act for the purpose of preserving the trust
property.

Appointment out of court of new or additional trustee
(1)

Paragraph (1A) applies if –
(a)

the terms of a trust do not provide for the appointment of a new or
additional trustee;

(b)

any such terms providing for any such appointment have lapsed or
failed; or

(c)

the person who has the power to make any such appointment is not
capable of exercising the power,

and there is no other power to make the appointment.21
(1A) A new or additional trustee may be appointed by –
(a)

the trustees for the time being;

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Article 18

18

19

Trusts (Jersey) Law 1984

(b)

the last remaining trustee; or

(c)

the personal representative or liquidator of the last remaining
trustee.22

(2)

Subject to the terms of the trust, a trustee appointed under this Article
shall have the same powers, discretions and duties and may act as if the
trustee had been originally appointed a trustee.

(3)

A trustee having power to appoint a new trustee who fails to exercise
such power may be removed from office by the court.

(4)

On the appointment of a new or additional trustee anything requisite for
vesting the trust property in the trustees for the time being of the trust
shall be done.

Prohibition of renunciation after acceptance
(1)

No person shall be obliged to accept appointment as a trustee, but a
person who knowingly does any act or thing in relation to the trust
property consistent with the status of a trustee of that property shall be
deemed to have accepted appointment as a trustee.

(2)

A person who has not accepted and is not deemed to have accepted
appointment as a trustee may disclaim such appointment within a
reasonable period of time after becoming aware of it by notice in writing
to the settlor or to the trustees.

(3)

If the settlor is dead or cannot be found and there are no other trustees a
person to whom paragraph (2) applies may apply to the court for relief
from the person’s appointment and the court may make such order as it
thinks fit.

Resignation or removal of trustee
(1)

Subject to paragraph (3), a trustee, not being a sole trustee, may resign his
or her office by notice in writing delivered to his or her co-trustees.

(2)

A resignation takes effect on the delivery of notice in accordance with
paragraph (1).

(3)

If two or more trustees purport to resign simultaneously, the effect of
which would mean that there would be no trustee, the resignations shall
have no effect.23

(4)

A trustee shall cease to be a trustee of the trust immediately upon –

(5)

Page - 16

(a)

the trustee’s removal from office by the court; or

(b)

the trustee’s resignation becoming effective; or

(c)

the coming into effect of a provision in the terms of a trust under
which the trustee is removed from office or otherwise ceases to
hold office.

A person who ceases to be a trustee under this Article shall concur in
executing all documents necessary for the vesting of the trust property in
the new or continuing trustees.
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Trusts (Jersey) Law 1984

20

Article 20

24

Duties of trustees

21

Duties of trustee
(1)

A trustee shall in the execution of his or her duties and in the exercise of
his or her powers and discretions –
(a)

(b)

act –
(i)

with due diligence,

(ii)

as would a prudent person,

(iii)

to the best of the trustee’s ability and skill; and

observe the utmost good faith.

(2)

Subject to this Law, a trustee shall carry out and administer the trust in
accordance with its terms.

(3)

Subject to the terms of the trust, a trustee shall –

(4)

(a)

so far as is reasonable preserve the value of the trust property;

(b)

so far as is reasonable enhance the value of the trust property.25

Except –
(a)

with the approval of the court; or

(b)

as permitted by this Law or expressly provided by the terms of the
trust,

a trustee shall not –
(i)

directly or indirectly profit from the trustee’s trusteeship;

(ii)

cause or permit any other person to profit directly or indirectly
from such trusteeship; or

(iii)

on the trustee’s own account enter into any transaction with the
trustees or relating to the trust property which may result in such
profit.

(5)

A trustee shall keep accurate accounts and records of the trustee’s
trusteeship.

(6)

A trustee shall keep trust property separate from his or her personal
property and separately identifiable from any other property of which he
or she is a trustee.

(7)

A trustee of a trust for non-charitable purposes shall, at any time when
there is no enforcer in relation to them, take such steps as may be
necessary to secure the appointment of a new enforcer.26

(8)

Where the trustee of a trust for non-charitable purposes has reason to
believe that the enforcer in relation to them is unwilling or refuses to act,
or is unfit to act or incapable of acting, the trustee shall apply to the court
for the removal of the enforcer and the appointment of a replacement.27

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Article 22

22

23

Trusts (Jersey) Law 1984

Duty of co-trustees to act together
(1)

Subject to the terms of the trust, where there is more than one trustee all
the trustees shall join in performing the trust.

(2)

Subject to paragraph (3), where there is more than one trustee no power
or discretion given to the trustees shall be exercised unless all the trustees
agree on its exercise.

(3)

The terms of a trust may empower trustees to act by a majority but a
trustee who dissents from a decision of the majority of the trustees may
require the trustee’s dissent to be recorded in writing.

Impartiality of trustee
Subject to the terms of the trust, where there is more than one beneficiary, or
more than one purpose, or at least one beneficiary and at least one purpose, a
trustee shall be impartial and shall not execute the trust for the advantage of one
at the expense of another.28
General powers of trustees

24

25

Powers of trustee
(1)

Subject to the terms of the trust and subject to the trustee’s duties under
this Law, a trustee shall in relation to the trust property have all the same
powers as a natural person acting as the beneficial owner of such
property.

(2)

A trustee shall exercise the trustee’s powers only in the interests of the
beneficiaries and in accordance with the terms of the trust.

(3)

The terms of a trust may require a trustee to obtain the consent of some
other person before exercising a power or a discretion.

(4)

A person who consents as provided in paragraph (3) shall not by virtue of
so doing be deemed to be a trustee.

Delegation by trustee
(1)

Subject to the terms of the trust, a trustee may delegate the execution or
exercise of any of his or her trusts or powers (both administrative and
dispositive) and any delegate may further so delegate any such trusts or
powers.29

(2)

Except where the terms of the trust specifically provide to the contrary, a
trustee –

Page - 18

(a)

may delegate management of trust property to and employ
investment managers whom the trustee reasonably considers
competent and qualified to manage the investment of trust
property; and

(b)

may employ accountants, advocates, attorneys, bankers, brokers,
custodians, investment advisers, nominees, property agents,
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solicitors and other professional agents or persons to act in relation
to any of the affairs of the trust or to hold any of the trust property.

26

(3)

A trustee shall not be liable for any loss to the trust arising from a
delegation or appointment under this Article who, in good faith and
without neglect, makes such delegation or appointment or permits the
continuation thereof.30

(4)

A trustee may authorize a person referred to in paragraph (2) to retain any
commission or other payment usually payable in relation to any
transaction.

Remuneration and expenses of trustee
(1)

Unless authorized by –
(a)

the terms of the trust;

(b)

the consent in writing of all of the beneficiaries; or

(c)

any order of the court,

a trustee shall not be entitled to remuneration for his or her services.
(2)

27

A trustee may reimburse himself or herself out of the trust for or pay out
of the trust all expenses and liabilities reasonably incurred in connection
with the trust.31

Power to appropriate
Subject to the terms of the trust, a trustee may, without the consent of any
beneficiary, appropriate trust property in or towards satisfaction of the interest
of a beneficiary in such manner and in accordance with such valuation as the
trustee thinks fit.

28

Corporate trustee acting by resolution
A corporate trustee may –

29

(a)

act in connection with a trust by a resolution of such corporate trustee or
of its board of directors or other governing body; or

(b)

by such a resolution appoint one or more of its officers or employees to
act on its behalf in connection with the trust.

Trustee may refuse to make disclosure
Subject to the terms of the trust and subject to any order of the court, a trustee
shall not be required to disclose to any person, any document which –
(a)

discloses the trustee’s deliberations as to the manner in which the trustee
has exercised a power or discretion or performed a duty conferred or
imposed upon him or her;

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(b)

discloses the reason for any particular exercise of such power or
discretion or performance of duty or the material upon which such reason
shall or might have been based;

(c)

relates to the exercise or proposed exercise of such power or discretion or
the performance or proposed performance of such duty; or

(d)

relates to or forms part of the accounts of the trust,

unless, in a case to which sub-paragraph (d) applies, that person is a beneficiary
under the trust not being a charity, or a charity which is referred to by name in
the terms of the trust as a beneficiary under the trust or the enforcer in relation
to any non-charitable purposes of the trust.32
Liability for breach of trust

30

Liability for breach of trust
(1)

Subject to this Law and to the terms of the trust, a trustee shall be liable
for a breach of trust committed by the trustee or in which the trustee has
concurred.33

(2)

A trustee who is liable for a breach of trust shall be liable for –

(3)

(a)

the loss or depreciation in value of the trust property resulting from
such breach; and

(b)

the profit, if any, which would have accrued to the trust property if
there had been no such breach.34

Where there are 2 or more breaches of trust, a trustee shall not set off a
gain from one breach of trust against a loss resulting from another breach
of trust.

(3A) A trustee who resigns in order to facilitate a breach of trust shall be liable
for that breach as if he or she had not resigned.35
(4)

A trustee shall not be liable for a breach of trust committed prior to the
trustee’s appointment, if such breach of trust was committed by some
other person.

(5)

A trustee shall not be liable for a breach of trust committed by a cotrustee unless –

(6)

(7)

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(a)

the trustee becomes aware or ought to have become aware of the
commission of such breach or of the intention of his or her cotrustee to commit a breach of trust; and

(b)

the trustee actively conceals such breach or such intention or fails
within a reasonable time to take proper steps to protect or restore
the trust property or prevent such breach.

A beneficiary may –
(a)

relieve a trustee of liability to the beneficiary for a breach of trust;

(b)

indemnify a trustee against liability for a breach of trust.

Paragraph (6) shall not apply unless the beneficiary –

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Article 31

(a)

has legal capacity;

(b)

has full knowledge of all material facts; and

(c)

is not improperly induced by the trustee to take action under
paragraph (6).

(8)

Where 2 or more trustees are liable in respect of a breach of trust, they
shall be liable jointly and severally.

(9)

A trustee who becomes aware of a breach of trust to which paragraph (4)
relates shall take all reasonable steps to have such breach remedied.

(10) Nothing in the terms of a trust shall relieve, release or exonerate a trustee
from liability for breach of trust arising from the trustee’s own fraud,
wilful misconduct or gross negligence.36
(11) This Article is in addition to Article 56.
31

32

Trustee acting in respect of more than one trust
(1)

A trustee acting for the purposes of more than one trust shall not, in the
absence of fraud, be affected by notice of any instrument, matter, fact or
thing in relation to any particular trust if the trustee has obtained notice of
it by reason of the trustee’s acting or having acted for the purposes of
another trust.

(2)

A trustee of a trust shall disclose to his or her co-trustee any interest
which he or she has as trustee of another trust, if any transaction in
relation to the first mentioned trust is to be entered into with the trustee of
such other trust.

Trustee’s liability to third parties37
(1)

(2)

33

Where a trustee is a party to any transaction or matter affecting the trust –
(a)

if the other party knows that the trustee is acting as trustee, any
claim by the other party shall be against the trustee as trustee and
shall extend only to the trust property;

(b)

if the other party does not know that the trustee is acting as trustee,
any claim by the other party may be made against the trustee
personally (though, without prejudice to his or her personal
liability, the trustee shall have a right of recourse to the trust
property by way of indemnity).

Paragraph (1) shall not affect any liability the trustee may have for breach
of trust.

Constructive trustee
(1)

Subject to paragraph (2), where a person (in this Article referred to as a
constructive trustee) makes or receives any profit, gain or advantage from
a breach of trust the person shall be deemed to be a trustee of that profit,
gain, or advantage.

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(2)

Paragraph (1) shall not apply to a bona fide purchaser of property for
value and without notice of a breach of trust.

(3)

A person who is or becomes a constructive trustee shall deliver up the
property of which the person is a constructive trustee to the person
properly entitled to it.

(4)

This Article shall not be construed as excluding any other circumstances
under which a person may be or become a constructive trustee.

34

Position of outgoing trustee38
(1)

Subject to paragraph (2), when a trustee resigns, retires or is removed, he
or she shall duly surrender trust property in his or her possession or under
his or her control.39

(2)

A trustee who resigns, retires or is removed may require to be provided
with reasonable security for liabilities whether existing, future, contingent
or otherwise before surrendering trust property.40

(3)

A trustee who resigns, retires or is removed and has complied with
paragraph (1) shall be released from liability to any beneficiary, trustee or
person interested under the trust for any act or omission in relation to the
trust property or the trustee’s duty as a trustee except liability –
(a)

arising from any breach of trust to which such trustee (or in the
case of a corporate trustee any of its officers or employees) was a
party or to which the trustee was privy;

(b)

in respect of actions to recover from such trustee (or in the case of
a corporate trustee any of its officers or employees) trust property
or the proceeds of trust property in the possession of such trustee,
officers or employees .41
Protective trusts; class interests; and certain powers

35

Spendthrift or protective trust
(1)

The terms of a trust may make the interest of a beneficiary liable to
termination.

(2)

Without prejudice to the generality of paragraph (1), the terms of a trust
may make the interest of a beneficiary in the income or capital of the trust
property subject to –
(a)

a restriction on alienation or disposal; or

(b)

diminution or termination in the event of the beneficiary becoming
bankrupt or any of his or her property becoming liable to
sequestration for the benefit of his or her creditors.

(3)

42

(4)

43

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36

Class interests
(1)

(2)

37

Article 36

Subject to the terms of a trust, the following rules shall apply where a
trust or an interest under a trust is in favour of a class of persons –
Rule 1

A class closes when it is no longer possible
for any other person to become a member of
the class.

Rule 2

A woman who is over the age of 55 years
shall be deemed to be no longer capable of
bearing a child.

Rule 3

Where any class interest relates to income
and for any period there is no member of the
class in existence the income shall be
accumulated and, subject to Article 15, shall
be retained until there is a member of the
class in existence or the class closes.

In this Article “class interest” means a trust or an interest under a trust
which is in favour of a class of persons.

Variation of terms of a trust44
Without prejudice to any power of the court to vary the terms of a trust, a trust
may be varied in any manner provided by its terms.

38

Power of accumulation and advancement
(1)

Subject to Article 15, the terms of a trust may direct or authorize the
accumulation for any period of all or part of the income of the trust.

(2)

Subject to paragraph (3), income of the trust which is not accumulated
under paragraph (1) shall be distributed.

(3)

Subject to the terms of the trust and subject to any prior interests or
charges affecting the trust property, where a beneficiary is a minor and
whether or not the beneficiary’s interest –
(a)

is a vested interest; or

(b)

is an interest which will become vested –
(i)

on attaining the age of majority,

(ii)

at any later age, or

(iii)

upon the happening of any event,

the trustee may –
(A)

accumulate the income attributable to the interest of such
beneficiary pending the attainment of the age of majority or such
later age or the happening of such event;

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Article 39

39

Trusts (Jersey) Law 1984

(B)

apply such income or part of it to or for the maintenance, education
or other benefit of such beneficiary;

(C)

advance or appropriate to or for the benefit of any such beneficiary
such interest or part of such interest.

(4)

The receipt of a parent or the lawful guardian of a beneficiary who is a
minor shall be a sufficient discharge to the trustee for a payment made
under paragraph (3).

(5)

Subject to the terms of the trust and subject to any prior interests or
charges affecting the trust property, the trustee may advance or apply for
the benefit of a beneficiary part of the trust property prior to the date of
the happening of the event upon the happening of which the beneficiary
becomes entitled absolutely thereto.

(6)

Any part of the trust property advanced or applied under paragraph (5)
shall be brought into account in determining from time to time the share
of the beneficiary in the trust property.

(7)

No part of the trust property advanced or applied under paragraph (5)
shall exceed the presumptive, contingent or vested share of the
beneficiary in the trust property.

Power of appointment
The terms of a trust may confer on the trustee or any other person power to
appoint or assign all or any part of the trust property or any interest in the trust
property to, or to trustees for the benefit of, any person, whether or not such
person was a beneficiary of the trust immediately prior to such appointment or
assignment.

40

Power of revocation
(1)

A trust and any exercise of a power under a trust may be expressed to
be –
(a)

revocable whether wholly or partly; or

(b)

capable of variation.

(2)

No such revocation or variation shall prejudice anything lawfully done by
a trustee in relation to a trust before the trustee receives notice of such
revocation or variation.

(3)

Subject to the terms of the trust, if it is revoked the trustee shall hold the
trust property in trust for the settlor absolutely.

(4)

Where a trust is partly revoked paragraph (3) shall apply to the property
which is the subject of such revocation.

(5)

In paragraph (3) “settlor” means the particular person who provided the
property which is the subject of revocation.

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41

Article 41

Power to provide for change of proper law
The terms of a trust may provide for the proper law of the trust to be changed
from the law of Jersey to the law of another jurisdiction.
Failure, lapse and termination of trusts

42

Failure or lapse of interest
(1)

Subject to the terms of a trust and subject to any order of the court,
where –
(a)

an interest lapses;

(b)

a trust terminates;

(c)

there is no beneficiary and no person who can become a
beneficiary in accordance with the terms of the trust; or

(d)

property is vested in a person which is not for his or her sole
benefit and the trusts upon which he or she is to hold the property
are not declared or communicated to the person,

the interest or property affected by such lapse, termination, lack of
beneficiary or lack of declaration or communication of trusts shall be held
by the trustee or the person referred to in sub-paragraph (d), as the case
may be, in trust for the settlor absolutely or if he or she is dead for his or
her personal representative.

43

(2)

An application to the court under this Article may be made by the
Attorney General.45

(3)

In paragraph (1) “settlor” means the particular person who provided the
interest or property affected as mentioned in that paragraph.46

(4)

47

Termination of a Jersey trust
(1)

On the termination of a trust the trust property shall be distributed by the
trustee within a reasonable time in accordance with the terms of the trust
to the persons entitled thereto.

(2)

Notwithstanding paragraph (1), the trustee may require to be provided
with reasonable security for liabilities whether existing, future, contingent
or otherwise before distributing trust property.48

(3)

Without prejudice to the powers of the court under paragraph (4) and
notwithstanding the terms of the trust, where all the beneficiaries are in
existence and have been ascertained and none are interdicts or minors
they may require the trustee to terminate the trust and distribute the trust
property among them.

(4)

The court may –
(a)

require the trustee to distribute the trust property;

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Article 44

Trusts (Jersey) Law 1984

(b)

direct the trustee not to distribute the trust property; or

(c)

make such other order as it thinks fit.

(5)

In this Article “liabilities” includes contingent liabilities.

(6)

An application to the court under this Article may be made by any person
referred to in Article 51(3).
Powers of the court

44

Appointment of resident trustee
(1)

Where there is no trustee resident in Jersey a beneficiary may apply to the
court for the appointment of a person nominated for the purpose in the
application, who shall be a person who resides in Jersey, as an additional
trustee.

(2)

The court –
(a)

upon being satisfied that notice of the application by the
beneficiary has been served upon the trustees;

(b)

having heard any representations made by the trustees or any other
beneficiary; and

(c)

having ascertained that the person nominated for the purpose in the
application is willing to act,

may make an order appointing such person as an additional trustee.
45

Power to relieve trustee from personal liability
(1)

(2)

46

The court may relieve a trustee either wholly or partly from personal
liability for a breach of trust where it appears to the court that –
(a)

the trustee is or may be personally liable for the breach of trust;

(b)

the trustee has acted honestly and reasonably;

(c)

the trustee ought fairly to be excused –
(i)

for the breach of trust, or

(ii)

for omitting to obtain the directions of the court in the matter
in which such breach arose.

Paragraph (1) shall apply whether the transaction alleged to be a breach
of trust occurred before or after the commencement of this Law.

Power to make beneficiary indemnify for breach of trust
(1)

Where a trustee commits a breach of trust at the instigation or at the
request or with the consent of a beneficiary, the court may by order
impound all or part of the interest of the beneficiary by way of indemnity
to the trustee or any person claiming through the trustee.

(2)

Paragraph (1) applies whether or not such beneficiary is a minor or an
interdict.

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47

Article 47

Variation of terms of a Jersey trust by the court and approval of particular
transactions
(1)

Subject to paragraph (2), the court may, if it thinks fit, by order approve
on behalf of –
(a)

a minor or interdict having, directly or indirectly, an interest,
whether vested or contingent, under the trust;

(b)

any person, whether ascertained or not, who may become entitled,
directly or indirectly, to an interest under the trust as being at a
future date or on the happening of a future event a person of any
specified description or a member of any specified class of
persons;

(c)

any person unborn; or

(d)

any person in respect of any interest of his or hers that may arise by
reason of any discretionary power given to anyone on the failure or
determination of any existing interest that has not failed or
determined,

any arrangement, by whomsoever proposed and whether or not there is
any other person beneficially interested who is capable of assenting
thereto, varying or revoking all or any of the terms of the trust or
enlarging the powers of the trustee of managing or administering any of
the trust property.
(2)

The court shall not approve an arrangement on behalf of any person
coming within paragraph (1)(a), (b) or (c) unless the carrying out thereof
appears to be for the benefit of that person.

(3)

Where in the management or administration of a trust, any sale, lease,
pledge, charge, surrender, release or other disposition, or any purchase,
investment, acquisition, expenditure or other transaction is in the opinion
of the court expedient but the same cannot be effected by reason of the
absence of any power for that purpose vested in the trustee by the terms
of the trust or by law the court may confer upon the trustee either
generally or in any particular circumstances a power for that purpose on
such terms and subject to such provisions and conditions, if any, as the
court thinks fit and may direct in what manner and from what property
any money authorized to be expended and the costs of any transaction are
to be paid or borne.

(4)

An application to the court under this Article may be made by any person
referred to in Article 51(3).

47A Trusts for charitable or non-charitable purposes49
(1)

Where trust property is held for a charitable or non-charitable purpose
and any of the circumstances mentioned in paragraph (2) apply, the court
may, on the application of a trustee or the Attorney General, declare that
the property or the remainder of the property, as the case may be, shall be
held for such other charitable or non-charitable purpose, as the case may

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Trusts (Jersey) Law 1984

be, as the court considers to be consistent with the original intention of
the settlor.
(2)

(3)

(4)

The circumstances are that –
(a)

the purpose has, as far as is reasonably possible, been fulfilled, has
ceased to exist or is no longer applicable;

(b)

the purpose cannot be carried out having regard to the directions
given by the settlor or the spirit of the gift;

(c)

the purpose provides a use for only part of the trust property;

(d)

the property, and any other property applicable for a similar
purpose, can more effectively be applied to a common purpose,
regard being had to the spirit of the gift;

(e)

the purpose was laid down by reference to an area that is no longer
a unit for that purpose, or by reference to a class of persons or to an
area that is no longer appropriate, regard being had to the spirit of
the gift or the practicality of administering the gift;

(f)

the purpose has been adequately provided for by other means;

(g)

in the case of a trust for charitable purposes, the purpose has
ceased for what ever reason to be charitable; or

(h)

the purpose has ceased in any other way to provide a suitable and
effective method of using the property, regard being had to the
spirit of the gift.

Where trust property is held for a charitable or non-charitable purpose the
court may, on the application of a trustee or the Attorney General,
approve any arrangement that varies or revokes the purposes of the trust
or enlarges or modifies the powers of management or administration of
the trustees, if it is satisfied that the arrangement –
(a)

is suitable and expedient; and

(b)

is consistent with the original intention of the settlor and the spirit
of the gift.

The court shall not approve an arrangement under paragraph (3) unless it
is satisfied that any person with a material interest in the trust has had an
opportunity to be heard.

PART 3
PROVISIONS APPLICABLE TO A FOREIGN TRUST
48

Application of Part 3
This Part of this Law shall apply only to a foreign trust.

49

Enforceability of a foreign trust
(1)

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Subject to paragraph (2), a foreign trust shall be regarded as being
governed by, and shall be interpreted in accordance with its proper law.
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(2)

A foreign trust shall be unenforceable in Jersey –
(a)

(b)
(3)

Article 50

to the extent that it purports –
(i)

to do anything the doing of which is contrary to the law of
Jersey,

(ii)

to confer any right or power or impose any obligation the
exercise or carrying out of which is contrary to the law of
Jersey, or

(iii)

to apply directly to immovable property situated in Jersey;

to the extent that the court declares that the trust is immoral or
contrary to public policy.

Where paragraph (2)(a)(iii) applies, any person in whom the title to such
immovable property is vested shall not be, and shall not be deemed to be,
a trustee of such immovable property.

PART 4
PROVISIONS OF GENERAL APPLICATION
50

Application of Part 4
This Part of this Law shall apply to a Jersey trust and, to the extent that the
context admits, shall apply to a foreign trust.

51

Applications to and certain powers of the court
(1)

A trustee may apply to the court for direction concerning the manner in
which the trustee may or should act in connection with any matter
concerning the trust and the court may make such order, if any, as it
thinks fit.

(2)

The court may, if it thinks fit –
(a)

(b)

make an order concerning –
(i)

the execution or the administration of any trust,

(ii)

the trustee of any trust, including an order relating to the
exercise of any power, discretion or duty of the trustee, the
appointment or removal of a trustee, the remuneration of a
trustee, the submission of accounts, the conduct of the
trustee and payments, whether payments into court or
otherwise,

(iii)

a beneficiary or any person having a connection with the
trust, or

(iv)

the appointment or removal of an enforcer in relation to any
non-charitable purposes of the trust;

make a declaration as to the validity or the enforceability of a trust;

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Article 52

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(c)

52

rescind or vary any order or declaration made under this Law, or
make any new or further order or declaration.50

(3)

An application to the court for an order or declaration under
paragraph (2) may be made by the Attorney General or by the trustee, the
enforcer or a beneficiary or, with leave of the court, by any other
person.51

(4)

Where the court makes an order for the appointment of a trustee it may
impose such conditions as it thinks fit, including conditions as to the
vesting of trust property.

(5)

Subject to any order of the court, a trustee appointed under this Article
shall have the same powers, discretions and duties and may act as if the
trustee had been originally appointed as a trustee.

Execution of instruments by order of the court
Where any person neglects or refuses to comply with an order of the court
directing the person to execute or make any conveyance, assignment, or other
document or instrument or endorsement, for giving effect to any order of the
court under this Law, the court may, on such terms and conditions, if any, as
may be just, order that the conveyance, assignment, or other document or
instrument or endorsement, shall be executed, made or done by such person as
the court nominates for the purpose, at the cost of the person in default, or
otherwise, as the court directs, and a conveyance, assignment, document,
instrument or endorsement so executed, made or done shall operate and be for
all purposes available as if it had been executed, made or done by the person
originally directed to execute, make or do it.

53

Payment of costs
The court may order the costs and expenses of and incidental to an application
to the court under this Law to be raised and paid out of the trust property or to
be borne and paid in such manner and by such persons as it thinks fit.

54

Nature of trustee’s estate, following trust property and insolvency of
trustee
(1)

Subject to paragraph (2) –
(a)

the interest of a trustee in the trust property is limited to that which
is necessary for the proper performance of the trust; and

(b)

such property shall not be deemed to form part of the trustee’s
assets.

(2)

Where a trustee is also a beneficiary of the same trust, paragraph (1) shall
not apply to the trustee’s interest in the trust property as a beneficiary.

(3)

Without prejudice to the liability of a trustee for breach of trust, trust
property which has been alienated or converted in breach of trust or the
property into which it has been converted may be followed and recovered
unless it is in the hands of a bona fide purchaser for value without notice

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Article 55

of a breach of trust or a person (other than the trustee) deriving title
through such a person.52
(4)

55

Where a trustee becomes insolvent or upon distraint, execution or any
similar process of law being made, taken or used against any of the
trustee’s property, the trustee’s creditors shall have no right or claim
against the trust property except to the extent that the trustee himself or
herself has a claim against the trust or has a beneficial interest in the trust.

Protection to persons dealing with trustee
(1)

(2)

A bona fide purchaser for value without actual notice of any breach of
trust –
(a)

may deal with a trustee in relation to trust property as if the trustee
was the beneficial owner of the trust property; and

(b)

shall not be affected by the trusts on which such property is held.

No person paying or advancing money to a trustee shall be concerned to
see that such money is wanted, or that no more than is wanted is raised,
or otherwise as to the propriety of the transaction or the application of the
money.

56

53

57

Limitation of actions or prescription
(1)

(2)

No period of limitation or prescription shall apply to an action brought
against a trustee –
(a)

in respect of any fraud to which the trustee was a party or to which
the trustee was privy; or

(b)

to recover from the trustee trust property –
(i)

in the trustee’s possession,

(ii)

under the trustee’s control, or

(iii)

previously received by the trustee and converted to the
trustee’s use.

Save as provided in paragraph (1), the period within which an action
founded on breach of trust may be brought against a trustee by a
beneficiary or an enforcer is –
(a)

3 years from the delivery of the final accounts of the trust to the
beneficiary or the enforcer; or

(b)

3 years from the date on which the beneficiary or the enforcer first
has knowledge of the occurrence of a breach of trust,

whichever period shall first begin to run.54

Revised Edition – 1 January 2007
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Article 58

Trusts (Jersey) Law 1984

(3)

Where the beneficiary is a minor the period referred to in paragraph (2)
shall not begin to run before the day on which the beneficiary ceases to
be a minor.

(3A) Save as provided in paragraph (1), the period within which an action
founded on breach of trust may be brought against a former trustee by a
current trustee is 3 years from the date on which the former trustee ceased
to be a trustee of the trust.55
(4)

This Article does not apply to a foreign trust whose proper law is the law
of a jurisdiction to which the Convention on the law applicable to trusts
and on their recognition, signed at The Hague on 20th October 1984, for
the time being extends.56

PART 5
SUPPLEMENTAL
58

Application of this Law
Subject to Article 59, this Law shall apply to trusts constituted or created either
before or after the commencement of this Law.

59

Saving provisions
(1)

(2)

(3)

Page - 32

Nothing in this Law shall –
(a)

abridge or affect the powers, responsibilities or duties under any
provision of law of the Viscount or any curator, tuteur, or special
and general attorney;

(b)

affect the legality or validity of anything done before the
commencement of this Law in relation to a trust existing before the
commencement of this Law; or

(c)

affect the legality or validity of any trust arising from a document
or disposition executed or taking effect before the commencement
of this Law.57

Nothing in this Law shall derogate from the powers of the court which
exist independently of this Law –
(a)

to set aside or reduce any transfer or other disposition of property;

(b)

to vary any trust;

(c)

to reduce or vary any testamentary or other disposition;

(d)

to make an order relating to matrimonial proceedings; or

(e)

to make an order relating to the avoidance of fraud on creditors.

Nothing in this Law shall derogate from the provisions of –
(a)

the Loi (1862) sur les teneures en fidéicommis et l’incorporation
d’associations;58

(b)

the Mental Health (Jersey) Law 1969;59

(c)

the Sharing of Church Buildings (Jersey) Law 1973.60
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13.875

Trusts (Jersey) Law 1984

(4)

60

Article 60

Nothing in this Law shall affect a personal representative where he or she
is acting as such.

Rules of Court
The power to make rules of court under the Royal Court (Jersey) Law 194861
shall include a power to make rules for the purposes of this Law and
proceedings thereunder.

61

Citation
This Law may be cited as the Trusts (Jersey) Law 1984.

Revised Edition – 1 January 2007
13.875

Page - 33

Endnotes

Trusts (Jersey) Law 1984

ENDNOTES
Table of Legislation History
Legislation
Trusts (Jersey) Law 1984
Trusts (Amendment) (Jersey)
Law 1989
Trusts (Amendment No. 2) (Jersey)
Law 1991
Trusts (Amendment No. 3) (Jersey)
Law 1996
Trusts (Amendment No. 4) (Jersey)
Law 2006

Year and Number
L.11/1984
L.9/1989

Commencement
23 March 1984
21 July 1989

L.4/1991
L.14/1996

1 October 1991
(R&O.8270)
24 May 1996

L.21/2006

27 October 2006

Table of Renumbered Provisions
Original
PART I
1(2), (3), (4)
1(5)
PART II
8A
9
10
10A
10B
10C
11
12
13
14
15
16
17
(3)(c)
18
19
20
21
22
23
24
25
26
(A1)
(1)
Page - 34

Current
PART 1
spent, omitted from
this revised edition
1(2)
PART 2
9
10
11
12
13
14
15
16
17
18
19
20
21
(3)(b)
22
23
24
25
26
27
28
29
30
(1)
(2)

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Trusts (Jersey) Law 1984

Endnotes

Original
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
27
28
29
30
(1A)
(2)
(3)
31
32
33
34
35
36
37
38
39
40
41
42
43
PART III
44
45
PART IV
46
47
48
49
50
51
52
53
PART V
54
55
(1)(b)

Current
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
31
32
33
34
(2)
(3)
repealed by
L.9/1989
35
36
37
38
39
40
41
42
43
44
45
46
47
PART 3
48
49
PART 4
50
51
52
53
54
55
56
57
PART 5
58
59
repealed by
L.9/1989

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Page - 35

Endnotes

Trusts (Jersey) Law 1984

Original
(1)(c)
(1)(d)
(3)(b)
(3)(c)
(3)(d)
56
57

Page - 36

Current
(1)(b)
(1)(c)
spent, omitted from
this revised edition
(3)(b)
(3)(c)
60
61

Revised Edition – 1 January 2007
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Trusts (Jersey) Law 1984

Endnotes

Table of Endnote References
1

Article 1(1)
Article 4(1)
3
Article 4(2)
4
Article 4(3)
5
Article 9
6
Article 9A
7
Article 10(3)
8
Article 10(4)
9
Article 10(5)
10
Article 10(6)
11
Article 10(7)
12
Article 10(8)
13
Article 10(9)
14
Article 10A
15
Article 11(2)
16
Article 12
17
Article 13
18
Article 14
19
Article 15
20
Article 16
21
Article 17(1)
22
Article 17(1A)
23
Article 19(3)
24
Article 20
25
Article 21(3)
26
Article 21(7)
27
Article 21(8)
28
Article 23
29
Article 25(1)
30
Article 25(3)
31
Article 26(2)
32
Article 29
33
Article 30(1)
34
Article 30(2)
35
Article 30(3A)
36
Article 30(10)
37
Article 32
38
Article 34
39
Article 34(1)
40
Article 34(2)
41
Article 34(3)
42
Article 35(3)
43
Article 35(4)
44
Article 37
45
Article 42(2)
46
Article 42(3)
47
Article 42(4)
48
Article 43(2)
49
Article 47A
50
Article 51(2)
51
Article 51(3)
2

definition “enforcer” inserted by L.14/1996
amended by L.4/1991
inserted by L.4/1991
inserted by L.4/1991
substituted by L.21/2006; former Article 9 inserted by L.9/1989
inserted by L.21/2006
amended by L.4/1991
repealed by L.21/2006
repealed by L.21/2006
repealed by L.21/2006
repealed by L.21/2006
repealed by L.21/2006
repealed by L.21/2006
inserted by L.21/2006
amended by L.9/1989, L.14/1996
inserted by L.14/1996
inserted by L.14/1996
inserted by L.14/1996
substituted by L.21/2006
substituted by L.21/2006
substituted by L.21/2006
inserted by L.21/2006
substituted by L.21/2006
repealed by L.21/2006
amended by L.9/1989
inserted by L.14/1996
inserted by L.14/1996
amended by L.14/1996
substituted by L.21/2006
amended by L.21/2006
substituted by L.9/1989
amended by L.14/1996
inserted by L.9/1989
amended by L.9/1989
inserted by L.21/2006
substituted by L.9/1989
substituted by L.21/2006; former Article 32 substituted by L.9/1989
heading substituted by L.9/1989
amended by L.9/1989
inserted by L.9/1989
amended by L.9/1989
deleted by L.21/2006
deleted by L.21/2006
substituted by L.21/2006
substituted by L.21/2006; former Article 42(2) amended by L.14/1996
substituted by L.21/2006
deleted by L.21/2006
substituted by L.9/1989
inserted by L.21/2006
amended by L.14/1996
amended by L.14/1996

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Page - 37

Endnotes

52

Article 54(3)
Article 56
54
Article 57(2)
55
Article 57(3A)
56
Article 57(4)
57
Article 59(1)
53

58
59
60
61

Page - 38

Trusts (Jersey) Law 1984

amended by L.9/1989, L.4/1991
repealed by L.21/2006
amended by L.14/1996
inserted by L.21/2006
inserted by L.4/1991
amended by L.9/1989
chapter 04.120
chapter 20.650
chapter 09.760
chapter 07.770

Revised Edition – 1 January 2007
13.875


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