Jersey Law 4/1991
TRUSTS (AMENDMENT No. 2) (JERSEY) LAW 1991
A LAW to
amend further the Trusts (Jersey) Law 1984, in order to facilitate the
extension to the Island of the Convention on the law applicable to trusts and
on their recognition, signed at The Hague on 20th October 1984, and for
ancillary purposes, sanctioned by Order of Her Majesty in Council of the
20th day of MARCH
(Registered on the 10th day of May 1991)
STATES OF JERSEY
The 9th day of
THE STATES, subject to the sanction of
Her Most Excellent Majesty in Council, have adopted the following Law –
4 of the Trusts (Jersey) Law 1984 as
amended, (hereinafter referred to as “the principal Law”) shall be
renumbered as paragraph (1) of that Article and amended by substituting for
sub-paragraph (b) the following –
“(b) to be
implied from the terms of the trust; or failing either”.
4 of the principal Law shall be further amended by inserting after paragraph
(1) the following paragraphs –
references in paragraph (1) to ‘failing that’ or ‘failing
either’ include references to cases –
no law is expressed or implied under sub-paragraph (a) or (b) of that
a law is so expressed or implied, but that law does not provide for trusts or
the category of trusts concerned.
ascertaining, for the purpose of sub-paragraph (c) of paragraph (1), the law
with which a trust had the closest connexion, reference shall be made in
particular to –
place of administration of the trust designated by the settlor;
situs of the assets of the trust;
place of residence or business of the trustee;
objects of the trust and the places where they are to be fulfilled.”.
In paragraph (3) of Article 9 of the principal Law for the words “Subject to paragraph (3) of
Article 30” there shall be substituted the words “Subject to
paragraph (9) of Article 26”.
Sub-paragraph (a) of paragraph (3) of Article 50 of the principal
Law shall be deleted.
In Article 53 of the principal Law there
shall be inserted after paragraph (3) the following paragraph –
Article does not apply to a foreign trust whose proper law is the law of a
jurisdiction to which the Convention on the law applicable to trusts and on
their recognition, signed at The Hague on 20th October 1984, for the time being
This Law may be cited as the Trusts (Amendment No. 2) (Jersey) Law
1991 and shall come into force on such day as the States may by Act appoint.
Deputy Greffier of the States.