Arcadius Gregory

Arcadius Gregory 

Associate* | Jersey

Private Client and Trusts

Overview

Arcadius has a broad practice covering private wealth and trust matters. This includes advising on all aspects of inheritance and succession planning, and preparing all types of fully bespoke wills, Lasting Powers of Attorney and trust instruments.

Arcadius’s private client practice includes acting on behalf of, and advising, executors and trustees (both professional and individual) and beneficiaries.

"At a time when many are opting for standardised solutions to private wealth matters, I believe in personal relationships and bespoke offering, powered by jargon-free, clear and precise advice."

Experience

With more than ten years of private practice experience, Arcadius counts a number of highly successful individuals, entrepreneurs, landowners, farmers and lottery winners among his clients. He is well regarded for his strategic approach to inheritance planning for high-net-worth individuals and their families.

He has handled matters involving:

  • imaginative use of trusts to preserve wealth for children from previous relationships as well as current partners and future generations focusing also on smooth transition of assets;
  • advising on, and implementing solutions to potential double taxation issues;
  • advising professional and lay attorneys on, and implementing efficient management of donor’s wealth;
  • acting for professional and lay executors in the administration of estates with contentious, commercial, agricultural and multi-jurisdictional elements;
  • varying dispositions under a will after testator’s death and including certain types of gifts to preserve tax exemptions that would otherwise have been lost and achieving significant tax savings;
  • advising on whether to invoke or dispense with trusts in wills based on individual circumstances, needs and plans for the future;
  • advising on a non-standard will, including advice on favourable tax treatment of various types of trusts, creating a more tax-efficient trust through post-death variation and coincidently addressing the issue of insufficient number of trustees; and
  • creating trusts to safeguard personal injury compensation.

Background

Prior to relocating to Jersey and joining Collas Crill, Arcadius worked for Trethowans LLP, a regional Tier 1 and a UK Top 150 law firm on the south coast of England. After completing his LLB (Hons) 1st Class Law degree, he obtained a postgraduate diploma in Legal Practice with distinction, before training with Trethowans LLP and being admitted as a solicitor of the Senior Courts of England and Wales in 2017. Arcadius is recognised as a key lawyer in Legal 500.

Memberships

  • Affiliate member of the Society of Trust and Estate Practitioners
  • Member of the Chartered Institute of Linguists

*admitted in England and Wales

Business Assistant
Leanne  Le Quesne  
My services
Wills and estate disputes
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We provide fast, cost-effective and sensitive advice on all types of will-related disputes during what is often an extremely upsetting and distressing time for those concerned. We regularly act on multi-party actions for both plaintiffs and defendants.

Probate and estate administration
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When executors, family or friends of a deceased need to get access to assets held by their loved one, they may be asked to produce a document commonly referred to as a 'grant of probate'. A grant of probate means that an individual is given the right, by the relevant court, to deal with a deceased's estate. The deceased may have left a will or may have died intestate (without a will). It might be the case that probate has already been obtained in another jurisdiction and that a separate grant of probate needs to be obtained in Guernsey or Jersey. This can be an unfamiliar and stressful process. At Collas Crill we have many years' experience in making these types of applications. We are able to assist in simply obtaining the grant of probate, can arrange release and payment of the Channel Island assets to the relevant person, or deal with the full administration of an estate depending on your requirements.

Changes of trustee/DORAs
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Changes of trustee documents (DORA or IORAs) usually contain indemnities from the incoming trustee to the outgoing trustee which are often hotly negotiated and can be complex. A change of trustee also presents a good opportunity for the incoming trustee to undertake a due diligence exercise by reviewing the trust documents, ensuring that the previous chain of trusteeship is intact and ensuring that the outgoing trustee ratifies or rectifies any flaws in the trust or the trust documents before the trusteeship is handed over. We have considerable experience in narrowing the issues in these negotiations. We are also well versed in assisting our trustee clients in mitigating risk by spotting (sometimes very significant flaws) in trusts before they are taken on and by ratifying previous discrepancies in a commercial manner – commonly without necessitating the involvement of the court.

Guardianships, delegates and POAs
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Depending on your jurisdiction, guardianship, delegates and powers of attorney are useful tools in helping a party to deal with the financial affairs of another, whether that is paying bills, managing bank accounts or otherwise. If you need assistance dealing with your own affairs then a power of attorney may be appropriate. This will enable you to choose who can carry out any actions, and the extent to which they can take those decisions, on your behalf. If an individual can no longer handle their own affairs then a guardian or delegate will need to be appointed by the court to look after that individual's affairs. Whether you are choosing to give someone power to deal with your affairs, or you have a relative who can't deal with their own any longer, careful consideration needs to be given, and advice sought, to decide what route is most appropriate.

Wills and estates
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Managing wealth, asset preservation, planning for succession and inheritance, and writing wills can be a complex and difficult experience. It's important to ensure that your assets are distributed according to your wishes and that your family and/or successors are taken care of.

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Trust advisory
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The role of a modern trustee has never been more complex. Trustees must satisfy the needs and desires of their beneficiaries, manage complex assets and navigate an ever-changing legal and regulatory landscape.

We know that trustees can need assistance and advice on how best to satisfy their duties and to meet their legal and regulatory obligations. We understand and have a great deal of experience in working with trustees to get ahead of any potentially difficult situation and resolve it in a way that minimises risk and conflict.

1 Nov 2023

Update to the Probate (Jersey) Law 1998: Probate (Amendment) (Jersey) Law (the PJL)

On May 23 2023 the States debated and approved an amendment to the Probate (Jersey) Law 1998 (the Amendment) and this came into force on 27 October 2023. Overview The Amendment provides for new arrangements relating to the management of movable estate (o...

13 Jun 2023

Jersey 'fast track' fact sheet

In Jersey, a mechanism exists whereby a British Grant issued in the estate of a British domiciled person can be re-sealed via what is known as the 'fast track' process. Introduced by the Probate (Jersey) Law 1998, this process is essential - and is in fa...

27 Apr 2023

The importance of reviewing your will and estate planning

Estate planning is a crucial aspect of financial planning that helps individuals formalise their wishes with regard to distribution of their assets after their death. One of the key components of estate planning is putting in place a properly drafted and...

6 Apr 2023

Registration of British LPAs

It has long been possible, under Rule 17/3(1)(b) of the Royal Court (Jersey) Rules 2004, for the Judicial Greffier to hear and determine (in chambers) an application for the registration of a power of attorney, or of an instrument revoking or abandoning ...

7 Feb 2023

Lasting Legacy?

In January 2023, Collas Crill's International Private Client and Trusts team successfully applied to the Royal Court of Jersey (the Court) for an order confirming that our clients could disclaim a gift of immovable property that had been left to them und...

13 Jan 2023

Jersey expands IPCT team

Collas Crill's Jersey office has expanded its International Private Client and Trusts (IPCT) team. Led by Partner Kellyann Ozouf, the team has recently welcomed Group Partner Victoria Grogan, Associates Arcadius Gregory and Sorcha McGillycuddy, and Legal...

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