Isabelle Russell

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.

Private trust companies (PTC) and private trustee foundations (PTF) are an ideal solution for clients wanting to divest themselves of ownership while still retaining a level of control. A PTC, or its most recent incarnation, the PTF, is a corporate vehicle which is used by a family in place of a professional trustee so that the family themselves can control the board of the trustee and thereby control the underlying assets.

We advise internationally based companies and trustees on the establishment and operation of employee incentive schemes, addressing issues such as the funding and structuring of awards as between sponsoring employer and trustee, treatment of dividend entitlements for share awards and the formulation of the beneficial class of employee benefit trusts (EBTs) having regard to international legal and taxation requirements.

At Collas Crill, we have established a wide range of charitable structures from local Guernsey limited by guarantee companies to large charitable foundations for some of the world's wealthiest families. Our specialist Middle Eastern team also has experience in advising regional families on the principle of Zakat.

Whether set up for asset protection purposes, as part of succession or tax planning, or for family governance or confidentiality reasons, offshore private wealth structures are common and often large and complicated.

We assist wealthy individuals, family offices, family-controlled businesses and entrepreneurs, often working alongside their trustees, bankers, tax advisors, accountants and other professional advisers, with the legal support needed within private wealth structures. We work with a broad range of vehicles including family investment companies, family limited partnerships, trusts and foundations.  

We can assist with all legal aspects of establishing, operating, restructuring, funding/leveraging, relocating and winding up such vehicles.  

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As the global legal and regulatory landscape becomes ever more complex, managing wealth across generations, succession planning and transferring control of assets has never been more challenging. That's why it's important to work with lawyers who can offer solutions that are tailored to your unique circumstances.

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Alongside companies and wills, family trusts are still a very popular tool for estate planning and asset protection – perhaps even more so in the light of the envisaged changes to the UK non-domiciled regime. Family foundations are proving to be a popular new tool for families looking to ensure their wealth and assets are protected for future generations. We establish trusts and foundations for local and international families to preserve family businesses and ensure appropriate succession planning. We work closely with tax advisers in order to ensure that any new family trust or foundation fits with a family's overall tax position and will be a workable long term, cost efficient structure. Discretionary trusts are still the most popular but we can also advise on fixed trusts, will trusts and pension trusts.

It is a fact of life that all regulated businesses today face ever increasing pressure in the areas of compliance, regulation and risk management. Not only are our businesses required to comply with regulations and laws imposed within each jurisdiction, we need to be alert to impending changes in the UK, EU and elsewhere which could have an impact on the way we operate.

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