Protector & Enforcer
A protector can play an important and valuable role in a trust structure.
Given the powers and rights available to a protector are not listed in Jersey statute, it is a bespoke position normally set out in the trust instrument, the creation of which requires careful thought. In general, the role of protector will imply a level of further review to ensure the trustees are acting in the best interests of the beneficiaries through oversight of their proposed actions and administration, and the exercise of consensual and sometimes active powers.
An enforcer is a rather different role and exists in the context of non–charitable purpose trusts where the trust instrument must provide for a person, different to the trustee, whose duty it is to enforce the trust in relation to its non-charitable purposes.
- We are able to assist in discussions regarding the creation of the protector role and how the enforcer may plan to ensure they are able to enforce the purpose trust
- We can act as protector or enforcer and take proper account of the specific requirements of a particular role, consider reporting obligations and requests for consent and or when to exercise active powers
- We will attend meetings with beneficiaries, trustees and advisors as required