Scott joined Collas Crill in 2020 following his qualification as a Solicitor in Scotland.
Having worked exclusively in the private client sector both as a trainee and fully qualified Solicitor, Scott is experienced in a variety of matters which include the preparation of wills and powers of attorney, executries and the creation and administration of trusts for wealth and succession planning purposes.
As an Associate in our International Private Client and Trusts department based in our Jersey office, Scott assists the team in providing advice to clients across the full range of both contentious and non-contentious private client issues.
Scott obtained his LLB (Hons) Law Degree from the University of Glasgow in 2016 before completing the Diploma in Professional Legal Practice at the University of Strathclyde.
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.
Depending upon 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, however, it sadly becomes the case that an individual cannot handle their own affairs any longer then a guardian or delegate will be 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.
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.
The duties of a trustee plays in managing the trust assets and dealing with beneficiaries not only vary from jurisdiction to jurisdiction, but are dictated by trust agreement and its nuances, the type of trust and its specific purpose. Advising on trustee duties is a rapidly growing area given the increasingly complex legal and regulatory framework to which trustees must adhere. Importantly, trustees are becoming increasingly aware of the advantages of acting early and seeking advice on their duties – particularly in situations of potential conflict or stress. Trustees are also making more use of the courts in asking for directions or in having "momentous decisions" blessed.
Developments, consolidations and regulation have means that effective risk management and mitigation has never been more important. Our advice is not a ‘one size fits all’ solution, but rather is based on an individual company’s specific business model. By building a partnership with you we add value by providing to trustees with a range of regulatory advice, administration support, products and services within a dedicated team approach, precedent development and on-going education and industry updates. Together with our multi-disciplinary risk and regulatory team, we advise on anti money laundering laws and the regulation of trust companies and can assist in the creation and improvement of straightforward operating procedures, including checklists, designed in conjunction with the needs of a trustee to ensure that all members of staff, no matter what their experience, can provide consistent and accurate back office services.
We work closely with trust and fiduciary businesses and their clients to build strong relationships based on trust, confidence and a deep understanding of their priorities and needs. We have an extensive range of experience in terms of particular products or service lines, including pensions and Shariah, and many of the team have worked in the other international off and onshore jurisdictions prominent in the world of wealth management. We have associated skills in dispute resolution, risk and regulatory, and image protection. We ensure that thought has been given to the composition of the team on every piece of work we do, and use our mix of skill and experience effectively.
Planning for the future is something that people often don't like to think about however it is one of the most important things that you should do during your lifetime. Whether you need simple Wills put in place or more complex estate structuring, our experienced and approachable team can help you organise and plan your affairs for the immediate and longer term future. We work hard to guide you through any issues of concern to ensure that you reach a position where you feel reassured that you are clear as to what will happen to your assets, and the ones you leave behind, in the future.
Collas Crill associates Ben Le Page and Scott Bell have been listed in eprivateclient's Top 35 Under 35 private client practitioners for 2021. The Top 35 Under 35 men's and...
Collas Crill has advised TEAM plc (AIM: TEAM) on its successful acquisition of JCAP Limited, trading as JCAP Treasury Services (JCAP) in a deal worth up to £2.95...
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