Trust disputes

1 Sep 2025

Challenges to (in)adequate deliberation after Dawson-Damer – a reminder for trustees

Dawson-Damer – an introduction In a landmark decision of the Privy Council, Ashley Dawson-Damer v Grampian Trust Company Ltd [2025] UKPC 32 (Dawson-Damer), the Privy Council has grappled with a US$402m trust dispute in which a discretionary beneficiary s...

1 Aug 2025

STAR enforcer

Practitioners familiar with Cayman Islands trusts will know that STAR[1] trusts are statutory in origin and unique to the Cayman Islands. One of their defining features is the statutory requirement to appoint an 'enforcer' who, as the name suggests, has ...

30 Jul 2025

Offshore 'lifeboat' trusts for US persons

In recent months we have seen growing demand in the Channel Islands from Ultra High Net Worth US families and their advisors who are interested in establishing asset protection structures in well regulated 'safe harbour' jurisdictions. This is in respons...

15 Jul 2025

Retiring trustees: Should I stay or can I go?

What is a sole trustee to do where it is entitled to resign but no replacement has yet been found? Confronted with that scenario, Kawaley J of the Grand Court of the Cayman Islands (the Court) delivered judgment on 19 June 2025 in In the matter of the O ...

3 Jul 2025

Trust briefing: Challenges to trustee decisions

It is often thought that a discretionary decision made by a trustee is difficult or sometimes even impossible to challenge. However there are many different strategies – based on either technical flaws in the execution of trustee decisions, or substantiv...

20 Jun 2025

Trust briefing: When the child was a child

The beneficial class in many Jersey discretionary trusts will often be defined by reference to the relationship of 'children or remoter issue of X'. 'X' may be the settlor themselves or perhaps a relative in the settlor's family. What is 'a child' in a J...

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