Information disclosure and beneficiaries

This short article analysis the disclosure requirements of trustees under Guernsey Law. In the first part of the article the jurisprudential issues are identified and this is followed in the second part by an analysis of the statute law prior to the coming into effect of the new provisions in March...

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Bibliographic Details
Published in:Trusts & trustees 2008-11, Vol.14 (9), p.642-648
Main Author: Ashton, Raymond
Format: Article
Language:English
Subjects:
Beneficiaries
Deeds
Disclosure
Jurisdiction
Provisions
State court decisions
Trustees
Trusts
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Summary:This short article analysis the disclosure requirements of trustees under Guernsey Law. In the first part of the article the jurisprudential issues are identified and this is followed in the second part by an analysis of the statute law prior to the coming into effect of the new provisions in March 2008. The third section examines the new provisions in some detail and in particular the extent to which they extend or otherwise the previous provisions and those of the common law. The fourth section examines the issue of the retention of trust records and the revised limitation periods. The article concludes by arguing that they only modestly extend the previous provisions and that there is still considerable uncertainty about the scope of the provisions given the judgement in Schmidt v Rosewood Trust [2003] 2 AC 709 and the increasing role played by the judges using the inherent jurisdiction of the Court.
ISSN:1363-1780
1752-2110
DOI:10.1093/tandt/ttn091