“Amendment No 5” is the latest amendment to Jersey’s Trust Law 1984, which was originally designed to maintain Jersey’s position as a leading trusts jurisdiction. The recent amendment no 5 amended Article 9, enhancing the level of protection provided to Jersey trusts. Article 9 now states that any question relating to the powers to vary a Jersey law trust must be determined according to Jersey law. The intent of the amendment was to immunize Jersey trusts against future attempts by foreign courts to alter their terms and to prevent use of conflict of law principles to circumvent the protection.
See Sarah Aughwane, Jersey: Jersey Introduces New Legislation to Protect Trusts, Mondaq, Mar. 11, 2013.
Special thanks to Brian Cohan (Attorney at Law, Law Offices of Brian J. Cohan, P.C.) for bringing this to my attention.
