Given the scale of the Channel Islands' trusts industry, unsurprisingly this is a core area of our practice. As a firm, we have identified a need to provide trust companies with practical assistance and seamless advice whenever difficulties arise in the administration of trusts under their control. Sometimes the solution to the problem is achievable without resorting to a court application. A carefully drafted trustee minute may suffice. On other occasions an application to court for directions is required or perhaps the case calls for an application for rectification of the trust deed. Whatever the nature of the problem, the client ought not to be made to feel like a pinball bouncing from assistant to assistant until the solution is found.
For this reason, as a firm we are committed to build the largest dedicated trust advisory service in the Channel Islands. We the Trust & Private Capital and Litigation groups comprise senior and experienced trust practitioners, with shared know-how, who link together to provide the right advice tailored to the needs of the case.
The client can contact his trusted advisor in either Group confident in the knowledge that the right people will be tasked to resolve the problem without fuss and unnecessary duplication of work and expense. If we can resolve matters with initial advice at the telephone, without charge, all to the good. What interests us is building long-standing client relationships and we know that involves some give and take.
Of course, some trust cases are contentious and we have acted in some of the biggest and most complex breach of trust actions that have come before the courts. We act for major trust companies and Banks in defending such actions. We will also vigorously pursue such claims on behalf of beneficiaries for information about the trust and, where called for, restitution of trust funds.
Our partner led approach means we put the right people on the case and no more people than are necessary to get the job done effectively and efficiently.
Our thinking is realistic and commercial. Sometimes, success in court can be hollow with the drain on management time or reputational damage that litigation often causes. If an out of court settlement can be achieved, we are skilled at negotiation and mediation of disputes.
We were recently engaged at the centre of the biggest trust dispute to have come before the Jersey court (Alhamrani). Yet, as a sample of the diversity of our approach, a local Bank approached us with the problem of whether to transfer trust assets to perfect an English matrimonial consent order. In conjunction with a partner in the Trust & Private Capital Group, we advised that an application to court could be avoided by means of discussion with the beneficiaries and a form of trustee resolution that will withstand scrutiny. A practical and cost effective solution, not driven by a fee generation mentality.