Trusts & Trustees Advance Access originally published online on June 13, 2008
Trusts & Trustees 2008 14(6):377-379; doi:10.1093/tandt/ttn054
© The Author (2008). Published by Oxford University Press. All rights reserved.
Trust Law in Guernsey—The Trusts (Guernsey) Law 2007
Chris Bound, Managing Partner, Collas Day Advocates*
*PO Box 140, Manor Place, St Peter Port, Guernsey, GY1 4EW. Tel: +44 (0)1481 723191; Fax: +44 (0)1481 711880.
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Introduction
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The following is a brief summary of the changes introduced by
Guernsey's new trust law, the Trusts (Guernsey) Law 2007, (TGL
2007) which came into force on 17 March 2008.
Trusts and Trustees are going to review these changes in greater detail in Issue 9, in November 2008. The intention behind the changes is to reinforce and maintain Guernsey's position as one of the leading offshore trust jurisdictions.
The new law replaces the previous law, the Trusts (Guernsey) Law 1989 (TGL1989) and creates a framework which will enhance Guernsey's competitive position as an attractive jurisdiction in which to do business. Below is a summary of the main changes.
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Non-charitable purpose trusts
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TGL 2007 enables the establishment of non-charitable purpose
trusts. These are primarily used in commercial and project
. . . [Full Text of this Article]
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The enforcer
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Settlor and third party reserved powers
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Creation of perpetual trusts
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Creation of statutory liens
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Statutory guarantee
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Information given to beneficiaries
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Letters of wishes
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Exclusion of foreign law clause
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Limitation period for action for breach of trust
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Trust of Guernsey Land
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