Abstract
Abstract In Representation of Rysaffe Fiduciaires Sarl [2021] JRC 230 (Rysaffe), the Royal Court of Jersey has handed down a judgment which provides important clarification in relation to the scope of a trustee’s powers to amend and to add beneficiaries. This is the first time that the Royal Court has considered the substratum rule in the context of a trustee wishing to exercise a power to add a beneficiary. This decision is of particular note coming as it does in the wake of the decision of the Court of Appeal in Bermuda to reject the substratum rule in Grand View Private Trust Company Limited v Wong & Ors Civil Appeal No. 5A of 2019.
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