Trusts (Jersey) Law 1984

Summary

This is the core Jersey statute governing trusts, trustees, settlors, beneficiaries and enforcers. It defines what a trust is, sets out how Jersey trusts are created, varied and terminated, and establishes the duties, powers and liabilities of trustees. It is a foundational piece of Jersey private law rather than a regulator-issued notice, and applies broadly to anyone creating, administering, or acting as trustee of a Jersey trust, as well as to foreign trusts with a Jersey connection.

• Scope and recognition: Confirms Jersey law recognises trusts as valid and enforceable, sets rules for determining the proper law of a trust, and defines the Royal Court's jurisdiction over Jersey and foreign trusts.
• Trustee duties: Imposes duties on trustees to act with due diligence, act impartially between beneficiaries, act jointly with co-trustees, avoid conflicts, disclose information, and account for breaches of trust.
• Trustee powers and liability: Sets out trustees' general powers (delegation, remuneration, appropriation, corporate trustee resolutions) and liability for breach of trust, including liability to third parties and as constructive trustees.
• Trust creation and validity: Governs how a trust may be created, what property may be held on trust, validity requirements, reserved settlor powers, beneficiary requirements, and rules for non-charitable purpose trusts and enforcers.
• Court powers: Gives the court powers to appoint resident trustees, relieve trustees from personal liability, vary trust terms, and set aside transfers or exercises of power made by mistake.
• Professional trustees: Defines a professional trustee as one registered under Article 9 of the Financial Services (Jersey) Law 1998 with the Jersey Financial Services Commission to carry on trust company business.

The consolidated version shown reflects amendments up to 20 March 2026; the law has been amended numerous times since 1984 (including by L.21/2006, L.38/2012, L.15/2013, L.22/2018 and L.6/2026), so practitioners should check the point-in-time version relevant to their matter.

Key obligations

• Trustees must act with due diligence, as a person of ordinary prudence, and in the best interests of beneficiaries or the trust purpose.
• Trustees must act impartially between beneficiaries and, where there is more than one trustee, must act jointly (co-trustees' duty to act together).
• Trustees are liable for breach of trust and may be held liable to third parties or as constructive trustees where applicable.
• A person carrying on trust company business as a professional trustee must be registered under Article 9 of the Financial Services (Jersey) Law 1998 with the Jersey Financial Services Commission.
• Unit trusts may only be created by an instrument in writing, unlike other trusts which may arise orally, by conduct, or by written instrument.
• Trustees must comply with disclosure duties to beneficiaries and enforcers as set out in Article 29.

Applies to

trustees, professional trustees, trust company businesses, settlors, beneficiaries, enforcers, corporate trustees