Jersey Law 4/1991

 

TRUSTS (AMENDMENT No. 2) (JERSEY) LAW 1991

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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 1991

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(Registered on the 10th day of May 1991)

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STATES OF JERSEY

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The 9th day of October 1990

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THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law –

ARTICLE 1

(1)           Article 4 of the Trusts (Jersey) Law 19841 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”.

(2)           Article 4 of the principal Law shall be further amended by inserting after paragraph (1) the following paragraphs –

“(2)        The references in paragraph (1) to ‘failing that’ or ‘failing either’ include references to cases –

(a)     where no law is expressed or implied under sub-paragraph (a) or (b) of that paragraph; and

(b)     where a law is so expressed or implied, but that law does not provide for trusts or the category of trusts concerned.

(3)          In 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 –

(a)     the place of administration of the trust designated by the settlor;

(b)     the situs of the assets of the trust;

(c)     the place of residence or business of the trustee;

(d)     the objects of the trust and the places where they are to be fulfilled.”.

ARTICLE 2

In paragraph (3) of Article 9 of the principal Law2 for the words “Subject to paragraph (3) of Article 30” there shall be substituted the words “Subject to paragraph (9) of Article 26”.

ARTICLE 3

Sub-paragraph (a) of paragraph (3) of Article 50 of the principal Law3 shall be deleted.

ARTICLE 4

In Article 53 of the principal Law4 there shall be inserted after paragraph (3) the following paragraph –

“(4)        This 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 extends.”.

ARTICLE 5

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.

 

R.S. GRAY

 

Deputy Greffier of the States.