Marco Nel
Associate* | Guernsey
Private Client and Trusts
Overview
Marco is an Associate in the Private Client and Trust team. He provides advisory services on a wide range of private client matters including estates, guardianships, powers of attorney, property, and trusts.
Experience
Marco gained valuable corporate and commercial experience after joining a large, multi-billion Rand retail company where he worked as in-house counsel for a year before relocating to Guernsey in 2021.
Work highlights:
- Advising a local charity on contract law for the purposes of facilitating a sponsorship deal.
- Reviewing and advising on commercial lease and construction agreements for a party involved in one of the largest retail property transactions on the island.
Background
Marco was admitted as an Attorney of the High Court of South Africa in 2018, after completing his LLB degree, Legal Practice Training at the Law Society of South Africa’s School of Legal Practice, and articles at a South African law firm.
He holds an LLM degree in International Humanitarian Law from the University of KwaZulu-Natal (UKZN) where he graduated summa cum laude and received an award for being the best research master’s student of the year. His research has been published in the African Yearbook of International Humanitarian Law.
Above and beyond practising as an attorney, Marco also lectured at UKZN on subjects such as business entities, employment, and trust law.
Awards
Shortlisted by CityWealth Future Leaders Awards in the category of 'Lawyer of the Year IFC - Associate'
*admitted in High Court of South Africa
Property law can be a complex, daunting and emotional experience for many individual buyers and sellers. Feeling an emotional tie to your new or prospective property, your 'home', is inevitable. When buying or selling property you need a strong, dependable team that knows the market inside and out. We offer top quality advice and successfully anticipate the unique challenges and opportunities you are likely to face. We believe that communication and responsiveness is the key to a stress-free experience which is why we're always on hand to listen, offer assistance and pick up the phone to keep you informed at every stage of a transaction.
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.
Many individuals think of the traditional trust as being the best way to manage their estate planning needs and are unfamiliar with the alternatives that are available. These include foundations, private family funds, and increasingly, the family limited partnership (FLP). While initially developed offshore, the FLP was 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 family heads 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 undesirable. An FLP is flexible enough to allow a very bespoke agreement to be out in place to meet the often very detailed and personalised demands of clients.
In a climate of increased transparency for structures, it is important for trustees to ensure that they have sufficient policies, procedures and processes in place in order to report the correct data to the correct authority at the correct time. This has been particularly challenging for some of our smaller independent trustee clients who do not have a dedicated compliance team.
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.
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.
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.