Re the K Trust

Guernsey Judgment 31/2015

14th July 2015

Royal Court, Guernsey


Mark acted for the protector of a Guernsey trust in cross-applications for directions and for her removal against a long and complex factual background.  The beneficiaries also sought orders in relation to confidentiality and the delivery up of the protector’s papers and those of her legal advisers.  The Protector was directed that she could and should retire and did so.

Deputy Bailiff McMahon


This is the first Guernsey decision on the court’s jurisdiction to give directions to a protector in relation to their powers and duties or to remove a protector.  The court also examined the effect of Guernsey statute law when construing a protector’s powers as personal or fiduciary, and the extent to which a protector is obliged to hand over documents relating to the trust on termination of office.

Mark was instructed by Carey Olsen.

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