Private wealth structures are not immune from insolvency. Here we examine the Jersey and Guernsey position from the trustee's perspective and consider the issues with which a trustee needs to be familiar.
Test for insolvency
Background
So what precisely is an asset protection trust and what is it, over and above a normal trust that an asset protection trust is seeking to achieve? This paper considers these issues from a Jersey law perspective and fundamentally asks the question to what extent a Jersey trust, once established, will protect assets from creditor claims.
36039 Dhillon v. Jaffer (Law of professions – Barristers and solicitors – Breach of fiduciary duty – Damages)
36114 Miazga v. The Queen (Criminal law – Manslaughter)
35888 R.V. v. R.P. (Family law – custody)