The nature of a beneficiary's interest under a Jersey law trust: Kea Investments v Watson in its historical context. Issue 3 (17th February 2022)

• Record Type: Journal Article
• Authors: Williams, Sam
• Is Part Of: Trusts & trustees. Volume 28:Issue 3(2022)
• Page Start: 206
• Page End: 212
• Publication Date: 2022-02-17
• Subjects: Trusts and trustees -- Periodicals; 346.05
• DOI: 10.1093/tandt/ttac010
• Languages: English
• ISSNs: 1363-1780

Abstract

Abstract: In Kea Investments v Watson [2021] JRC 009, the Royal Court of Jersey considered for the first time whether a beneficiary's interest under a discretionary trust could be the subject of distraint by a judgment creditor. This article places the decision in its historical context and argues that it reflects the inherent difficulty in reconciling a system of property law which in Jersey has its roots in the customary law of Normandy, and the quintessentially English law concept of the trust as transposed to the island.