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Enough is enough. Are reserved powers trusts a double-edged sword?

John Harper, March 2012

John Harper TEP is a part-time lecturer, delivering face-to-face courses for the STEP international diploma examinations all around the world.

Summary:

Once the Rahman judgment was handed down in Jersey by the then Deputy Bailiff, Vernon Tomes, in the offshore world, I am sure I was not alone in running to the files to see if we too had skeletons in the cupboard in terms of trusts that were controlled rather too much by the settlor. The adage of ‘donner et retenir ne vaut’, which means it is not possible to both give and retain, was not something most of us had ever thought about.

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