June 4, 2025
Trusts are a key tool in estate planning, asset protection, and wealth management—especially in Jersey, a jurisdiction known for its well-established trust law. Whether for personal, charitable, or business purposes, understanding how trusts work is essential.
This FAQ guide answers common questions about Jersey trusts, including how they are created, the types available, and their legal and practical benefits.
A trust exists in Jersey where a person (known as a trustee) holds or has vested in them or is deemed to hold or have vested in them property which they are holding –
(a) for the benefit of any person (known as a beneficiary) whether or not yet ascertained or in existence; or
(b) for any purpose which is not for the benefit only of the trustee; or
(c) a combination of (a) and (b).
Trusts in Jersey are generally established as for estate planning purposes. Discretionary trusts or Will Trusts are typically used to protect family wealth and managing business assets. Charitable Trusts are typically established for philanthropic purposes.
Listed below are some of the common express trusts that exist in Jersey. These are all typically created by an instrument executed in writing
There are also some Trusts that come into existence by operation of law. This means that they come into existence automatically due to the application of certain legal principles. The main types of trusts that fall within this category include:
To set up an express trust, typically one executes a trust instrument that establishes the terms of the trust. In order for a trust to formally come into existence, the settlor must have a clear intention to divest themselves of the initial trust property and to transfer it to one or more of the trustees appointed in the trust instrument.
A trustee can be anyone whether that be an individual or a company. An individual must be over 18 and have mental capacity. Becoming a trustee brings with it very important duties and obligations. As such, it is common nowadays for a professionally regulated provider of trustee services to act as a trustee.
In Jersey, generally any asset can be placed into a trust except immovable (real) property situate in Jersey. However, if the immovable property is owned by a company, the shares in that company can be placed into a trust.
Once an asset is placed into a trust it no longer belongs to the person who transferred it. In theory if a person transferred every asset they owned into a trust, there may not be the requirement to obtain a Grant of Probate/Letters of Administration should that person die as they would ultimately not have any assets. However, the reality is that this situation is highly unlikely.
If a sole trustee (who was an individual) died, the trust property devolves to their personal representative (i.e. the executor of their personal estate) who would then be charged with discharging the obligation of trustee or alternatively could appoint a person to assume the trusteeship in their place. This would require a Grant of Probate/Letters of Administration.
Traditionally trusts were established to protect an individual’s or family’s personal wealth and to allow planning for the future, often called estate and succession planning. A trust can be a useful route to preserve ownership of family assets and for legitimate tax planning.
This ultimately depends on the terms of the trust.
Generally, if a trust instrument does not contain a power to amend, its terms cannot be amended by the trustees alone. Similarly, if a trust instrument does not contain a power of revocation, or is expressed as being irrevocable, the trust cannot generally be revoked.
However, there are certain legal mechanisms that may allow modifications/revocations in specific circumstances:
A will only comes into effect upon the death of the testator. An express trust (save for a Will Trust) comes into effect the moment that the trustee has the initial trust property placed into their hands.
Trusts are a key tool in estate planning, asset protection, and wealth management—especially in Jersey, a jurisdiction known for its well-established trust law. Whether for personal, charitable, or business purposes, understanding how trusts work is essential.
This FAQ guide answers common questions about Jersey trusts, including how they are created, the types available, and their legal and practical benefits.
A trust exists in Jersey where a person (known as a trustee) holds or has vested in them or is deemed to hold or have vested in them property which they are holding –
(a) for the benefit of any person (known as a beneficiary) whether or not yet ascertained or in existence; or
(b) for any purpose which is not for the benefit only of the trustee; or
(c) a combination of (a) and (b).
Trusts in Jersey are generally established as for estate planning purposes. Discretionary trusts or Will Trusts are typically used to protect family wealth and managing business assets. Charitable Trusts are typically established for philanthropic purposes.
Listed below are some of the common express trusts that exist in Jersey. These are all typically created by an instrument executed in writing
There are also some Trusts that come into existence by operation of law. This means that they come into existence automatically due to the application of certain legal principles. The main types of trusts that fall within this category include:
To set up an express trust, typically one executes a trust instrument that establishes the terms of the trust. In order for a trust to formally come into existence, the settlor must have a clear intention to divest themselves of the initial trust property and to transfer it to one or more of the trustees appointed in the trust instrument.
A trustee can be anyone whether that be an individual or a company. An individual must be over 18 and have mental capacity. Becoming a trustee brings with it very important duties and obligations. As such, it is common nowadays for a professionally regulated provider of trustee services to act as a trustee.
In Jersey, generally any asset can be placed into a trust except immovable (real) property situate in Jersey. However, if the immovable property is owned by a company, the shares in that company can be placed into a trust.
Once an asset is placed into a trust it no longer belongs to the person who transferred it. In theory if a person transferred every asset they owned into a trust, there may not be the requirement to obtain a Grant of Probate/Letters of Administration should that person die as they would ultimately not have any assets. However, the reality is that this situation is highly unlikely.
If a sole trustee (who was an individual) died, the trust property devolves to their personal representative (i.e. the executor of their personal estate) who would then be charged with discharging the obligation of trustee or alternatively could appoint a person to assume the trusteeship in their place. This would require a Grant of Probate/Letters of Administration.
Traditionally trusts were established to protect an individual’s or family’s personal wealth and to allow planning for the future, often called estate and succession planning. A trust can be a useful route to preserve ownership of family assets and for legitimate tax planning.
This ultimately depends on the terms of the trust.
Generally, if a trust instrument does not contain a power to amend, its terms cannot be amended by the trustees alone. Similarly, if a trust instrument does not contain a power of revocation, or is expressed as being irrevocable, the trust cannot generally be revoked.
However, there are certain legal mechanisms that may allow modifications/revocations in specific circumstances:
A will only comes into effect upon the death of the testator. An express trust (save for a Will Trust) comes into effect the moment that the trustee has the initial trust property placed into their hands.
Trusts are a key tool in estate planning, asset protection, and wealth management—especially in Jersey, a jurisdiction known for its well-established trust law. Whether for personal, charitable, or business purposes, understanding how trusts work is essential.
This FAQ guide answers common questions about Jersey trusts, including how they are created, the types available, and their legal and practical benefits.
A trust exists in Jersey where a person (known as a trustee) holds or has vested in them or is deemed to hold or have vested in them property which they are holding –
(a) for the benefit of any person (known as a beneficiary) whether or not yet ascertained or in existence; or
(b) for any purpose which is not for the benefit only of the trustee; or
(c) a combination of (a) and (b).
Trusts in Jersey are generally established as for estate planning purposes. Discretionary trusts or Will Trusts are typically used to protect family wealth and managing business assets. Charitable Trusts are typically established for philanthropic purposes.
Listed below are some of the common express trusts that exist in Jersey. These are all typically created by an instrument executed in writing
There are also some Trusts that come into existence by operation of law. This means that they come into existence automatically due to the application of certain legal principles. The main types of trusts that fall within this category include:
To set up an express trust, typically one executes a trust instrument that establishes the terms of the trust. In order for a trust to formally come into existence, the settlor must have a clear intention to divest themselves of the initial trust property and to transfer it to one or more of the trustees appointed in the trust instrument.
A trustee can be anyone whether that be an individual or a company. An individual must be over 18 and have mental capacity. Becoming a trustee brings with it very important duties and obligations. As such, it is common nowadays for a professionally regulated provider of trustee services to act as a trustee.
In Jersey, generally any asset can be placed into a trust except immovable (real) property situate in Jersey. However, if the immovable property is owned by a company, the shares in that company can be placed into a trust.
Once an asset is placed into a trust it no longer belongs to the person who transferred it. In theory if a person transferred every asset they owned into a trust, there may not be the requirement to obtain a Grant of Probate/Letters of Administration should that person die as they would ultimately not have any assets. However, the reality is that this situation is highly unlikely.
If a sole trustee (who was an individual) died, the trust property devolves to their personal representative (i.e. the executor of their personal estate) who would then be charged with discharging the obligation of trustee or alternatively could appoint a person to assume the trusteeship in their place. This would require a Grant of Probate/Letters of Administration.
Traditionally trusts were established to protect an individual’s or family’s personal wealth and to allow planning for the future, often called estate and succession planning. A trust can be a useful route to preserve ownership of family assets and for legitimate tax planning.
This ultimately depends on the terms of the trust.
Generally, if a trust instrument does not contain a power to amend, its terms cannot be amended by the trustees alone. Similarly, if a trust instrument does not contain a power of revocation, or is expressed as being irrevocable, the trust cannot generally be revoked.
However, there are certain legal mechanisms that may allow modifications/revocations in specific circumstances:
A will only comes into effect upon the death of the testator. An express trust (save for a Will Trust) comes into effect the moment that the trustee has the initial trust property placed into their hands.
Trusts are a key tool in estate planning, asset protection, and wealth management—especially in Jersey, a jurisdiction known for its well-established trust law. Whether for personal, charitable, or business purposes, understanding how trusts work is essential.
This FAQ guide answers common questions about Jersey trusts, including how they are created, the types available, and their legal and practical benefits.
A trust exists in Jersey where a person (known as a trustee) holds or has vested in them or is deemed to hold or have vested in them property which they are holding –
(a) for the benefit of any person (known as a beneficiary) whether or not yet ascertained or in existence; or
(b) for any purpose which is not for the benefit only of the trustee; or
(c) a combination of (a) and (b).
Trusts in Jersey are generally established as for estate planning purposes. Discretionary trusts or Will Trusts are typically used to protect family wealth and managing business assets. Charitable Trusts are typically established for philanthropic purposes.
Listed below are some of the common express trusts that exist in Jersey. These are all typically created by an instrument executed in writing
There are also some Trusts that come into existence by operation of law. This means that they come into existence automatically due to the application of certain legal principles. The main types of trusts that fall within this category include:
To set up an express trust, typically one executes a trust instrument that establishes the terms of the trust. In order for a trust to formally come into existence, the settlor must have a clear intention to divest themselves of the initial trust property and to transfer it to one or more of the trustees appointed in the trust instrument.
A trustee can be anyone whether that be an individual or a company. An individual must be over 18 and have mental capacity. Becoming a trustee brings with it very important duties and obligations. As such, it is common nowadays for a professionally regulated provider of trustee services to act as a trustee.
In Jersey, generally any asset can be placed into a trust except immovable (real) property situate in Jersey. However, if the immovable property is owned by a company, the shares in that company can be placed into a trust.
Once an asset is placed into a trust it no longer belongs to the person who transferred it. In theory if a person transferred every asset they owned into a trust, there may not be the requirement to obtain a Grant of Probate/Letters of Administration should that person die as they would ultimately not have any assets. However, the reality is that this situation is highly unlikely.
If a sole trustee (who was an individual) died, the trust property devolves to their personal representative (i.e. the executor of their personal estate) who would then be charged with discharging the obligation of trustee or alternatively could appoint a person to assume the trusteeship in their place. This would require a Grant of Probate/Letters of Administration.
Traditionally trusts were established to protect an individual’s or family’s personal wealth and to allow planning for the future, often called estate and succession planning. A trust can be a useful route to preserve ownership of family assets and for legitimate tax planning.
This ultimately depends on the terms of the trust.
Generally, if a trust instrument does not contain a power to amend, its terms cannot be amended by the trustees alone. Similarly, if a trust instrument does not contain a power of revocation, or is expressed as being irrevocable, the trust cannot generally be revoked.
However, there are certain legal mechanisms that may allow modifications/revocations in specific circumstances:
A will only comes into effect upon the death of the testator. An express trust (save for a Will Trust) comes into effect the moment that the trustee has the initial trust property placed into their hands.