Nick Marshall

Nick Marshall

Senior Associate

Jersey

  • widely experienced
    Legal 500

Nick is a Senior Associate in the firm’s Private Client and Trusts practice in Jersey. He is a Jersey advocate and an English solicitor with significant experience in advising on private wealth structures and other fiduciary matters. He specialises in all aspects of Jersey trusts and foundations law and regularly advises on the establishment of, and on-going work involved in, trusts and foundations used for managing private wealth. He also advises on wills and succession matters, charities law, pensions and employee incentive arrangements.

As well as being a senior private client lawyer, Nick has significant expertise in a wide variety of UK and Jersey corporate and commercial matters and has brought this expertise to previous in-house counsel roles for several Jersey fiduciary services businesses. He has been involved in complex and high-value structures for private and corporate clients including those involving trading companies, real estate, and music and other intellectual property.

In addition, Nick has a niche expertise in media and sports law matters having acted for numerous sportspersons, Premier League and Championship football clubs, motorsport teams and other sporting organisations. He has used this expertise in advising service providers involved in this area of work.

Nick was awarded the first ever Masters in Jersey Law by the Institute of Law, Jersey in 2017 and was recognised for private client and trust work in the 2018 edition of the Legal 500. 

My services
Trusts & Fiduciary
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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.

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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.

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Trustee Duties
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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.

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Family Trusts & Foundations
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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-dom 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.

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Trustee Risk & Regulatory Management
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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.

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Private Trust Companies & Trustee Foundations
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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.

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Private Client Advisory
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As global legislation, regulation and taxation constantly change and become more complex, it has never been more important to make long-term plans to secure your future, the future of your family or your business. We cut through the legal jargon to provide clear, practical advice when you most need it and anticipate the challenges you are likely to face so that you can rest assured you and your family are in safe hands at every step of the way.

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Family Limited Partnerships
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Many individuals think of the traditional trust as being the best way to manage their estate planning needs. However, there is a growing client base from civil law jurisdictions unfamiliar with the trust concept launching alternative structures. Recent examples include foundations, private family funds and, increasingly, the Family Limited Partnership (FLP). While initially developed onshore, the concept of FLPs was also harnessed and developed offshore in the Channel Islands as a flexible investment structure and a viable alternative to the traditional trust due to its ability to transmit wealth to younger generations while allowing patriarchs to retain a sensible level of control. This is particularly important for clients using the FLP to transfer the family business or “golden egg”, where a loss of control is so unpalatable. As the name implies, an FLP would be ideally suited to the wealthy family, as it is flexible enough to allow a very bespoke agreement to be put in place to cater for the often very detailed and prescriptive demands of clients who can afford and are used to having something tailor made.

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My news & deals
News 30 Aug 2019

Organ donation

Introduction The law  that governs organ and tissue donation has recently changed in Jersey.  The Human Transplantation and Anatomy (Jersey) Law 2018 (New Law) came into...

News 29 May 2019

CI Pensions Update

Angela Calnan was invited to speak at the Channel Islands International Pensions Conference last week to discuss the latest developments in the Guernsey and Jersey pensions...

News 29 Mar 2019

ICLG Private Client chapters

The Collas Crill Guernsey and Jersey based international private client and trust teams have collaborated with several major international law firms to produce the 2019...

News 22 May 2018

Jersey & Guernsey Law Review

Collas Crill senior associate Nick Marshall has contributed to the current edition of the Jersey & Guernsey Law Review on the topic of intellectual property law in...

Deal 23 Apr 2018

Representation of A Trust Limited

Background In this case, there were two trusts known as the C Trust.  The Number 1 C Trust, a Jersey discretionary trust, had been established to receive the proceeds of a...

Deal 23 Apr 2018

Ariel v Halabi [2018]JRC006A

Background H was declared bankrupt in 2010 and following a letter of request from the High Court of England and Wales, his trustee in bankruptcy (TIB) was recognised in...