13 June 2023

Caroline Harbord, Jeremy Robertson and Maryam Oghanna to present to STEP Jersey

Dispute Resolution Partner, Caroline Harbord, Private Client Partner, Jeremy Robertson, and Contentious Trusts and Estates Senior Associate, Maryam Oghanna, are presenting a lunchtime session to STEP Jersey and the Société Jersiaise, on the topic of trustees and investments.

The session will focus on the key protections and pitfalls that trustees should be aware of when holding financial investments.

The team will consider the key provisions that can be included in the trust instrument, and in particular reservation of trust investment powers, including when they may be suitable/appropriate, pitfalls and areas of concern and UK tax considerations.

They will also consider the potential claims and liabilities that trustees may face when investments go south, together with the claims that trustees might consider pursuing against third parties as an attempted shield to beneficiary claims. The team will talk about how the risks of pursuing third party claims can potentially be mitigated by litigation funding and ATE insurance, and also the strategic considerations a trustee may wish to consider if it finds itself on the receiving end of a funded and insured claim.

The presentation will take place on 28 June 2023.

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