Simon Lofthouse Published in International Family Law Journal

28th February 2022
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Image: Simon Lofthouse, Head of Private Client

Simon Lofthouse was published in the International Family Law Journal this month. His article was entitled "Jersey trusts firewall provisions: a case of smoke and mirrors?". 

This is an excerpt:

"Although on the face of it the firewall
provisions are clear and unambiguous, they
do not provide absolute certainty for settlors
who may see them as the ultimate bulwark
against divorce or creditor claims. Where
trustees and the Royal Court are reflecting
upon orders handed down by a foreign
court applying a foreign law, or for a trustee
to submit to a foreign jurisdiction the
firewall provisions will be applied. However
the decision a trustee or the Royal Court
arrives at based upon the law, comity or to
give justice to the party may closely
resemble the outcome of the decision of a
foreign court. Far from being smoke and
mirrors the firewall provisions appear to do
what they are designed for within the
framework of Jersey law principles. A
would-be settlor who is settling a Jersey
trust in reliance of the firewall provisions as
a device to oust unfavourable foreign
divorce or creditor judgements may wish to
think again as it could well be the case that
Jersey law accords with the effects of that
foreign judgement notwithstanding the
perceived effect of the firewall provisions."

Simon Lofthouse is an expert in his field. He is a trusted adviser to his clients, both local and international. Simon has considerable experience helping individuals and families with their estate and inter-generational succession planning, making good use of his specialist knowledge. Simon has a down to earth approach and strives to provide clients with peace of mind through clear advice and pragmatic solutions.

As well as specialising in Wills and Probate and Lasting Powers of Attorney, Simon has routinely acted for foreign lawyers, trust companies and charities. He has also provided professional training in respect of cross border estate planning, probate and estate administration and mental capacity.

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