20 November 2020
We've been crowned the winner of the Contentious Trust and Estates Team of the Year Award at The British Legal Awards 2020.
Our team secured a precedent setting judgment for the trust industry when on 28 June 2019 the Jersey Court of Appeal (CoA) handed down its judgment in the "Z Trust case" - the first case in any jurisdiction which deals with the administration of an insolvent trust.
Our team act for the appellant, Equity Trust (Jersey) Limited (ETJL), the original trustee of the Z Trust which had incurred a significant liability in its capacity as former trustee of the trust. Emma Jordan, a partner in our International Private Wealth team and UK head of our contentious trust team, led the team acting as supervising partner and as the Jersey advocate, presenting ETJL's case both at first instance and before the Court of Appeal. Emma was supported by senior associate Kate Silbermann. The team provided advice and representation to the client in both the Jersey and the English Courts.
Emma Jordan, partner and UK head of our contentious trust team commented: “This was a precedent setting judgment. The case provided clarity on protections a former trustee has when it incurs liability after it has handed trust assets over on retirement. The first case of its kind to discuss these issues in any jurisdiction, it also provided confirmation that the former trustee has priority over the trust assets even when a trust is insolvent. This case had significant ramifications in all trust jurisdictions and was a true team effort."
Our International Private Wealth team – made up of 35 partners globally – offers a holistic suite of legal services that cover the personal and corporate needs of the global UHNW community across the entire spectrum of their wealth from growth stage through to transition to the next generation.
The ceremony took place virtually on 19 November 2020.
by Emma Jordan
by Emma Jordan and Kate Silbermann