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We recently acted for respondents in a pivotal case before the Guernsey Court of Appeal. The judgment delivered vital clarity for trust practitioners: individuals who are not current beneficiaries of a trust cannot expect disclosure of trust information absent a compelling and objectively justified expectation of being added as a beneficiary.
The decisions of the Royal Court and the Court of Appeal reinforce confidentiality as a cornerstone of Guernsey trust administration and provide trust professionals with greater certainty on how to deal with objects of a wide power when managing information requests.
Our team was led by partner Adam Cole and included partner Laurent Thibeault and associate Sarah Ball. The result was delivered through a coordinated effort between our team and teams at Macfarlanes and Serle Court. Together, we secured a judgment that met with our clients' needs and that sets a strong precedent for the fiduciary industry.
Adam commented: "This decision brings much-needed clarity for trust practitioners and trustees. The Court has reinforced the principle that confidentiality is fundamental to trust administration and that strangers to a trust, even where they fall within a power of addition, must show a strong, if not very strong, expectation of addition before the court's discretion will be exercised in their favour.
"We're proud to have played a part in securing this result for our clients alongside the teams at Macfarlanes, led by Lil Doherty, and Serle Court, led by Richard Wilson KC."
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