An article by Group Partner Sam Williams has been published in Trust & Trustees magazine on the topic of the nature of a beneficiary’s interest under a Jersey law trust, looking at Kea Investments v Watson in its historical context.
In Kea Investments v Watson [2021] JRC 009, the Royal Court of Jersey considered for the first time whether a beneficiary’s interest under a discretionary trust could be the subject of distraint by a judgment creditor. Sam's article places the decision in its historical context and argues that it reflects the inherent difficulty in reconciling a system of property law which in Jersey has its roots in the customary law of Normandy, and the quintessentially English law concept of the trust as transposed to the island.
To read the full article click here.