Advanced Trust Law and Administration
| Duration | 1 Day |
| Level | Advanced |
| Suitable for | All client-facing staff, managers and directors who are involved in trust and company administration and who are interested in expanding their knowledge in this complex and consistently changing area. |
| CPD hours | 6 hours |
| Cost |
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| Dates |
Course Content
- Changes in Jersey Trust Law
- Reservation of power clauses and impact on management and control issues
- Trustees Duties and Liabilities
- Raising the standard
- Consequence of finding a breach
- Recent developments - Article 9 and case law
- Information to Beneficiary
- Beneficial principle explained
- Impact of Schmidt vs. Rosewood
- Constructive Trusts
- When a constructive trust is imposed
- Knowing receipt
- Knowing assistance
- Remedies available
- Sham
- What constitutes a Sham?
- Protective measures to avoid Sham
- Consequence of Sham
- Effect of Esteem Judgment
- Effective Administration for Professional Trustees
- How to manage relationships with clients
- Creating effective audit trials
Learning Outcomes
Having attended this course, delegates will:
- Have an increased awareness of the risks of poor administration to settlor, beneficiary and trustee, and understand strategies to help manage these risks, in particular to recognise the risk of a constructive trust being imposed and the consequences to the trust company
- Appreciate the development of the offshore trust away from the traditional English law model