Next Generation Partners

Rising Stars

Private client, trusts and tax in Guernsey

Carey Olsen

Carey Olsen‘s team supports HNWIs with the setup and restructuring of trusts, private trust companies and family offices, while working alongside the firm’s litigation practice to represent clients engaged in multijurisdictional trust disputes. Practice head Russell Clark handles both contentious and non-contentious trust matters, notably advising on the establishment of complex trust structures. Natasha Kapp‘s practice encompasses both private wealth structuring and philanthropy, as well as contentious trust issues. Having retired from the partnership in June 2022, Konrad Friedlaender continues to advise on a wide range of trust matters in addition to pensions, employee benefit and share option schemes as a consultant. Counsel Laila Arstall focuses on a wide range of tax issues, while fellow counsel Wendy Garrard assists trustees, beneficiaries and protectors with matters concerning regulatory and fiduciary law.

Responsables de la pratique:

Russell Clark


Autres avocats clés:

Natasha Kapp; Konrad Friedlaender; Laila Arstall; Wendy Garrard; Patricia Montgomery


Les références

‘For me, the strongest private client and trust team in Guernsey; long experience, deep knowledge, excellent connections to industry and government to give us practical, value for money advice. The team always looks at matters from different angles and balances extensive fiduciary knowledge with strong commercial awareness, to provide sound advice.’

‘I have worked with Konrad Friedlaender for many years and his legal knowledge, commercial awareness, practical approach and calmness are strengths he brings to all matters. He is also a diplomat, and I have seen him defuse many challenging situations with third parties. I have no hesitation bringing him into meetings and calls, to work though issues and find solutions.’

‘Russell Clark is always there to protect and defend our interests, clear communication and excellent at balancing fiduciary and commercial considerations. ‘

Mourant

Mourant‘s trusts and private client team is instructed by clients engaged in both contentious and non-contentious matters, supporting HNWIs and trustees, settlors and beneficiaries with a range of trust and tax matters. Leading the team is Gilly Kennedy-Smith, a specialist in tax, succession and generation planning matters. Litigators Abel Lyall and Jeremy Wessels handle trust disputes, including acting on matters concerning the structuring of trusts, and disputes between family members and trustees. Senior associate Alexander Hawkins assists HNWIs with wealth and succession structuring, in addition to advising on pension and foundation law.

Responsables de la pratique:

Gilly Kennedy-Smith


Autres avocats clés:

Jeremy Wessels; Sandra Duerden; Alexander Hawkins; William Ostick


Les références

‘Jeremy Wessels continues to be a problem solver for the big cases.’

‘The team is very customer focused and, due to having representation in other locations, has a very good knowledge of the trust industry and is able to assist with a number of our private client matters. The firm is very responsive and provides an excellent level of service.’

‘Their speed of response makes them stand out from some of their competitors in Guernsey.’

Principaux clients

ITG Limited & Bayeux Limited (Tchenguiz’s)


Principaux dossiers


  • Acted for Investec, as former trustees of the Tchenguiz Discretionary Trust, in a trust dispute.

Ogier

Ogier‘s team advises clients including HNWIs, their family offices and fiduciary service providers on a range of trust matters, including the establishment and restructuring of Guernsey structures, succession and estate planning, family governance, and tax efficiency. Spearheading the practice is Matthew Guthrie, noted for setting up and restructuring complex cross-border structures, in addition to representing trustees involved in disputes. Catherine Moore assists HNWIs and fiduciaries with the structuring of private wealth and regulatory issues, while managing associate Chris Hards supports clients with matters of trusts and foundation law, with further expertise in pensions issues. Gavin Ferguson completes the roster of recommended names.

Responsables de la pratique:

Matthew Guthrie


Autres avocats clés:

Catherine Moore; Chris Hards


Les références

‘Ogier has helped our company in many ways over the years. Understanding our business and our clients has been essential in Ogier providing bespoke options to us and our clients. This helps us get to the heart of matters quickly, reduces cost and helps us resolve matters efficiently too. Ogier can explain complex matters in a way that is easily understandable so that we can identify the issues. Ogier are also very responsive.’

‘Prompt and efficient service, with really personable staff. There is a real sense of commercial thinking, whilst safeguarding the interest of the trustees and beneficiaries as a whole.’

‘Chris Hards is personable, efficient and has a great way of explaining complex matters and never gets flustered. Matthew Guthrie has excellent technical ability and is able to pick up on the key elements without issue and cut through to the heart of what is really important.’

Principaux dossiers


  • Advised a local trust company on Guernsey law concerning a trust which was established to receive the shares in a Guernsey holding company following the settlor’s death.
  • Advised on a significant business wind-down involving the transfer of a large number of structures.
  • Acted for a large trust company in a highly contentious restructuring of a trust involving an application by a beneficiary for the removal of the trustee and numerous additional applications.

Walkers

The team at Walkers advises HNWIs on the structuring of trusts and family offices, with its strong offshore network complementing its Guernsey practice. The firm has also advised on the creation of a number of novel decentralised autonomous organisation (DAO) trusts, which hold digital assets, including cryptocurrencies; this effort is being led by practice head and structuring specialist Rupert Morris, who also handles contentious matters. Rajah Abusrewil advises on all issues related to wealth structuring, and leads the firm’s Jersey private clients team alongside her Guernsey practice. David Cooney advises clients on trust matters, including where cryptocurrency assets are held in trust, and associated regulatory matters.


Responsables de la pratique:

Rupert Morris


Autres avocats clés:

Rajah Abusrewil; David Cooney


Les références

‘The partners and associates alike are readily available for questions and discussions and are flexible with their time to meet our needs.’

‘Rupert Morris has assisted us with many contentious trust matters and his advice and guidance is always on point and is appreciated by our clients. Rajah Abusrewil’s technical ability assisted us in the production of various documents to be used internally.’

‘David Cooney has great experience and is a quite outstanding private client practitioner in the offshore world. A clear leader. He has a rare combination of a strong strategic orientation, commercial sense, a great mastery of detail and a first class work ethic. He is greatly valued by our business.’

Principaux clients

Terraform Labs Pte. Ltd


dYdX Foundation


Principaux dossiers


  • Advised Terraform Labs and K&L Gates on the creation of the first DAO purpose trust structure to enable the Terra Community to enter into its recently announced partnership with the Washington Nationals Major League Baseball team.
  • Advised the dYdX Foundation on the creation of an innovative Guernsey grants purpose trust structure for a crypto DAO.

Collas Crill

The private client and trusts team at Collas Crill advises on a number of issues, including cross-border trust structures and fiduciary matters, wills and estates, and Guernsey-based family issues. Practice head Angela Calnan is a trust structuring specialist, with further strengths in setting up Sharia-compliant structures for MENA clients. Joanne Seal oversees the firm’s international wills and estate practice, advising on estate planning and inheritance matters. Cerisse Fisher, who made group partner in January 2023, assists with the establishment, restructuring and winding up of trusts. Associate Marco Nel joined the team from Babbé LLP in October 2022, focusing on trusts, estates and power of attorney proceedings.


Responsables de la pratique:

Angela Calnan


Autres avocats clés:

Joanne Seal; Cerisse Fisher; Marco Nel


Les références

‘Collas Crill is our go-to team when we need Guernsey trust advice. We have recently been carrying out some complex family governance structuring, which involves not just trusts, but also foundations, bespoke drafting of companies articles of association and shareholder agreements. We have worked with them for a number of years, they are responsive and their advice is always constructive.’

‘Angela Calnan is a first-rate trust lawyer. She has a pragmatic approach and looks for solutions rather than problems.’

‘Collas Crill’s approach instils confidence in their technical expertise, and their quick response times, open approach and plain English communication style contribute to a reassuring experience.’

Principaux clients

HFL Limited


Praxis Trustees


Lancaster Trustees


Artemis Trustees


Maurice Turnor Grdner


Laytons LLP


Cazenove Capital


Charles Russell Speechlys


Macfarlanes


Forsters


Stenham Trustees Limited


Grayson Clements Ltd


Intertrust Trustees (Guernsey) Limited


MJ Hudson


Charles Mia Limited


Principaux dossiers


  • Advised a Guernsey high street bank on an application to the Guernsey Courts for a Guernsey grant of probate.
  • Advised on the registration of LPA-appointed trustees to act as corporate attorneys following loss of capacity consequent on the introduction of the new LPA system in April 2022.
  • Assisted with the registration of a bespoke charitable foundation, PTC and other trusts for a high-profile Jordanian family.

Appleby

Appleby makes use of its international network to advise professional trustees and corporations on a variety of trust matters, including the establishment of trust structures, issues between trustees and beneficiaries, and employee benefit trusts and pensions. Co-heads Jeremy Berchem and Stuart Tyler handle commercial matters related to trusts, notably transactions, while senior associate Paula Fry handles both contentious and non-contentious trust matters, including restructuring and mistake applications.

Responsables de la pratique:

Stuart Tyler; Jeremy Berchem


Autres avocats clés:

Paula Fry


Les références

‘Covers a wide range of issues efficiently and capably.’

‘Paula Fry responds promptly and effectively to all queries and will often raise aspects others have not considered.’

‘Very proactive, personable and professional.’

Principaux clients

BOW Trustees


HSBC Group


Oak Trust


Pensioneer Trustee Company (Guernsey) Limited


PraxisIFM Group


PTC Holdings Limited


Trireme Pension Services (Guernsey) Limited


Babbé LLP

The team at Babbé LLP supports HNWIs, trustees, settlors and financial institutions with the setting up of complex wealth management structures, including family offices and trusts. Jointly leading the practice are Andrew Laws, a trusts and fiduciary matters specialist, and Michael Riddiford, whose practice is centred on wills, estate planning and property transactions. Nicholas Robison leads on contentious trusts matters, representing trustees and beneficiaries. Scott McPherson left to work in the funds administration business.

Responsables de la pratique:

Andrew Laws; Michael Riddiford


Autres avocats clés:

Nicholas Robison


Les références

‘What differentiates them is their ability to deliver bespoke solutions whilst listening to the client.’

Principaux clients

Mminor and unborn beneficiaries of one branch of a Guernsey trust in an ongoing Public Trustee v Cooper application


Credit Suisse Trust Limited


Credit Suisse Securities (Europe) Limited


Saffery Champness Management International Limited/Saffery Champness Trust Corporation


Artemis Trustees Limited


Aquitaine Trust Limited/Aquitaine Group Limited


Imperium Trust Company Limited


Aon Services (Guernsey) Limited


St Peters Trust Company Limited


LTS Tax Limited


New Street Trust Limited/New Street Management Limited


Oak Trust (Guernsey) Limited


Oak Trust (Mauritius) Limited


Gower Financial Services Limited/Gower Pensions Management Limited


Weighbridge Trust Limited


2mi Limited


Dixcart Trust Corporation Limited


Zedra Trust Company (Guernsey) Limited


Parish Trustees Limited


Butterfield Trust (Guernsey) Limited


Fides Trust Limited


Perkins Trustees Limited


Bourse Trust Company Limited


Belasko Administration Limited


Butterfield Bank (Guernsey) Limited


Crossways Trustees


Louvre Trustees Limited


Moore Stephens


Praxis (including Nerine)


Intertrust


Opus


Crossways Trustees


BWCI


PWC


Grant Thornton


Oddfellows


Cherry Godfrey


Fort Trustees Limited


Principaux dossiers


  • Represented the co-trustee of a Guernsey trust, as the defendant, together with the corporate co-trustee, in an ongoing application before the Royal Court in relation to trustee liabilities in terms of Sections 22 and 39 of the Trusts (Guernsey) Law 2007.
  • Represented the interests of the minor and unborn beneficiaries of one branch of a Guernsey trust, which has been the subject of an ongoing Public Trustee v Cooper application.
  • Acted for the trustee of a Guernsey Trust, which has been the subject of, and involved in, various unconnected hostile multimillion pound proceedings in a number of international jurisdictions.

Bedell Cristin

Bedell Cristin advises HNWIs and wealth managers on a range of trust structures, including private trusts and trust companies, foundations and charitable structures. In addition, the firm is also able to support clients with regulatory matters, such as those arising out of beneficial disclosure registers. Leading the team is Elena Gogh, a specialist in family office structures who advises fiduciaries, government bodies and financial institutions.

Responsables de la pratique:

Elena Gogh


Les références

‘The team is well rounded with some great individual lawyers. It’s approachable, professional and accessible. I refer work to it in the private client field – this team is strong in this area and has great capability in related fields; I feel that I get very well-rounded advice with no corners overlooked.’

‘Elena Gogh is an exceptionally talented private client lawyer. She is a ‘go-to’ lawyer if you want flair, spot-on analysis and a commercially pragmatic job done. She knows how to advise properly rather than leave a client ‘hanging with no direction’. She is incredibly available and a pleasure to work with.’

‘Elena Gogh – firstly, a great person to deal and work with. An exceptional professional, reliable and accessible, precise and great attention to detail. Pleasure to deal with.’