Our unique position and experience
We have an established reputation for dealing successfully with any contentious matter involving trusts or financial services in Jersey. We have run and won numerous landmark cases in Jersey for both trustees and beneficiaries that have shaped the way that trust law is now understood and applied in Jersey.

Our unique experience and position in Jersey as lawyers gives us a perspective few other firms have on the problems and difficulties of professional trustees. We understand not only the difficulties professional trustees have but how to deal with these problems quickly, efficiently and effectively and how to manage and minimise risk.

This has led us to create a specialist unit within Sinels solely designed to provide a complete advisory service to professional trustees.

What we can do for you
We can add to your ability as a professional trustee by providing to you:

• risk management reviews.
• review and audit of structures and identification of problems.
• advice on non-contentious actions.
• advice on contentious matters and conflict management.
• seminars, training and current awareness.

At the beginning: establishing a trust
Our invaluable experience in trust litigation means that we know better than most what is essential to produce watertight foundation documents that will stand up later if tested.

Whether you require a general or a bespoke trust deed, we know what provisions should be included to best protect your position and ensure your clients’ goals are met.

Throughout a trust’s life
Throughout the life of a trust, any number of matters can arise. Sometimes, the trust will need to adapt to meet changes.

Whether you need to draft deeds of addition, exclusion, indemnity, rectification, retirement or appointment or simply to ensure that your dealings with settlor and beneficiaries are sufficiently comprehensive, we have the experience and knowledge to ensure that you, as a trustee, can be safe in the knowledge that your position is protected.

We can also advise on interpretation of trust deeds and the law applicable to your given situation.

Problem solving
Even with the most careful work and planning, from time to time, unforeseen and unforeseeable problems arise in the administration of your trusts. Problems can be as varied as trusts, some common problems are:
• knowing your duties as trustee in a given circumstance.
• knowing the extent to which beneficiaries are entitled to trust information and documentation or distributions in a situation of conflict.
• when a non-contentious application should be made to the Court for directions and what to ask for when you do.

We will provide you with specific and timely answers to your problems.

We will tell you what you have to do and how to do it such that your problem is dealt with as quickly
and with as little cost to you and the trust as possible.

Contentious matters and conflict management
We think that a constructive and sensible approach, by trying to resolve a complaint or dispute at an early stage, is the most appropriate way to proceed when such conflicts arise. We are able to
provide qualified and accredited mediation services useful in this regard and we are very experienced in negotiation and other forms of alternative dispute resolution.

Should litigation become necessary, our reputation speaks for itself. What distinguishes us from other lawyers is that, not only our particular understanding of how trusts litigation is run in Jersey, but that we will provide you at the outset with a thorough analysis of the merits of your case with advice on your best options.

We can tell you:
• what the merits of any particular claim are.
• how to deal properly and successfully with beneficiaries.
• whether there has been a breach of trust and how to deal with it.
• when to go to court and what to ask for.
• how to avoid having to go to Court.
• how to protect your position on costs.
• when and how to negotiate a settlement.
• whether there are any issues as to forum or choice of law.
• how to find and secure assets in Jersey and in other jurisdictions.
• most importantly of all, the strategy you need to deal with the problem.

Business development
Given the competition Jersey now has from other offshore jurisdictions, most trust companies must look to expand their businesses elsewhere in the world or to bring in new business from outside the Island.

Our global connections can assist you in developing your business. We will arrange and co-ordinate opinions and advice from multiple jurisdictions in order to provide you with the information you need and help you evaluate the risks.

We will provide risk management reviews on how you bring in new business.

We will can also review your new clients to make sure that there will not be any subsequent problems for you either generally or with particular new instructions.

Audit and risk management
We can audit and assess all of the key systems you currently employ in the administration of your trusts. We will look at how your existing trusts have been set up and how you manage your existing structures. The assessment will highlight any areas where you can enhance the service you provide to your clients both to protect you and to provide added value to your clients.

The objective is to strengthen your internal procedures so that problems either do not arise or are resolved before they turn into real difficulties.

Our audits can be tailored to go across your whole company or to address a particular problem or case.

As with everything we do, the ultimate aim of our work is to provide to you a plan of action you can immediately implement.

Our approach and what we think is important to you
We can provide you with a service that will undoubtedly reduce the risks you face as trustee in a
diverse number of ways and also help you provide a better service for your clients.

Our experience has shown us that what our clients want is more than simply being told what is the problem. What clients need is a solution provided quickly so that you know what to do and have enough time within which to do it. We are direct and to-the-point with our clients. Our approach is straightforward.

We invest the time at the outset with you to ensure we understand fully what the problem is and what you want. We then tell you what you need to know and do. We will then provide full support to implement the solution.