Protectors: are their powers fiduciary and does the court have power to intervene?
15 March 2016
Protectors feature regularly in Jersey trusts, being appointed by settlors as a means of ensuring that there will be some element of control over the exercise of the trustees' powers.
However, before choosing to appoint a protector, careful thought should be given to ensure that the role is fully understood and is consistent with the settlor's overall objectives for the trust structure. It will also be helpful to consider whether the protector will be able to exercise his powers as he wishes or only in the interests of the beneficiaries, and whether the court will be able to intervene.
Zillah Howard considered three questions arising in this context at a conference focusing on Challenging Fiduciary Decisions held in London this month:
(1) Does a protector hold powers as a fiduciary?
(2) Can the court remove and appoint protectors with fiduciary powers?
(3) Can the court control the exercise of a protector's powers?
To read more, please click here.
For further information, please contact Zillah Howard.