I have had a number of instructions over recent months which have necessitated a consideration by me of the forced heirship rules of the client’s home jurisdiction, and advice being provided to the client on the firewall provisions in Jersey’s trust law, which seeks to provide protection for a Jersey trust, or the transfer of property to that trust, when attacked by an heir of a deceased settlor who may have established that trust in contravention of the forced heirship rules in his or her own country. I shall return to that Jersey provision later in this article.
In respect of one of the...