BKS Family Office News

Jersey Court clarifies legal status of a cell in a Jersey PCC

22 February 2014

The Law states that a cell is not a corporate body and has no legal identity separate from that of the PCC. This is despite a cell having its own board of directors and its own shareholders, being required to have its own Memorandum and Articles of Association, holding its own assets and liabilities and it being possible to wind up the cell without affecting the existence of the PCC.

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Doctrine of Mistake enshrined on Jersey trust law

Doctrine of Mistake enshrined on Jersey trust law

12 November 2013

A recent amendment to Jersey Trust Law gives statutory force to the case law developed in Jersey in relation to the Hastings-Bass principle and the doctrine of mistake for trusts governed by Jersey law. The Amendment is retrospective and rejects the narrowing of Hastings-Bass by the Supreme Court of England and Wales in the 2013 decisions in Pitt v Holt and Futter v Futter, while reinforcing the similarity of the Royal Court and Supreme Court approach to mistake.

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Jersey JE1 8FT
Channel Islands

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