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Jersey trust law and key features
Jersey trust law rests on the 1984 trusts statute, with the Foundations (Jersey) Law 2009 for foundations. This page sets out the governing law, who may act as trustee, and the features and limits families ask about, each with its source and the date of that source.
Reviewed by a senior trust administrator, updated
The legal frame at a glance
What the law provides, with the source number for each item.
Key facts
- Perpetuity period
- A Jersey trust may last for an unlimited period (Article 15)[1]
- Reserved settlor powers
- Reserved powers such as directing investments do not affect validity (Article 9A)[1]
- Trustee requirement
- A Jersey trust must have at least one trustee (Article 16)[1]
Numbers in brackets point to the Sources list at the end of this page.
Swipe sideways to see the whole diagram.
- SettlorSets up the structure and transfers assets into it
- states the purpose and transfers assetsTrusteeHolds the assets and manages them under the trust deed
- applies assets toTrust purposeThe stated purpose the trust serves, in place of beneficiaries
- Enforcer can enforce the purposeEnforcerCan hold the trustee to the terms of the trust
- Trustee holds legal titleTrust assetsThe property held in the structure
Roles and notes
| Part of the structure | What it does |
|---|---|
| Settlor | Sets up the structure and transfers assets into it |
| Trustee | Holds the assets and manages them under the trust deed |
| Enforcer | Can hold the trustee to the terms of the trust |
| Trust purpose | The stated purpose the trust serves, in place of beneficiaries |
| Trust assets | The property held in the structure |
- A purpose trust is held for a stated non-charitable purpose, not for named beneficiaries.
- The deed must provide for an enforcer.
- The trustee holds legal title and follows the purpose set out in the deed.
- We work with a local partner where the work is done in Jersey; your engagement letter sets out its role.
- Your lawyer confirms how the roles and limits apply to your deed.
The governing law
The main statute is the 1984 Trusts Law.
Under Article 9, questions about the validity and effect of a trust governed by Jersey law are decided under Jersey law, and no rule of foreign law affects them (source: Jersey Law Website, Trusts (Jersey) Law 1984).
How a court in another country treats assets held there is a question for your lawyer in that country.
A further statute matters in practice: the Foundations (Jersey) Law 2009 provides for the incorporation of foundations (source: Jersey Law Website, Foundations (Jersey) Law 2009).
For the wider picture of how a Jersey trust is built, start with the overview of Jersey trusts.
Who may act as trustee
A Jersey trust must have at least one trustee (same source, Article 16). The deed names the trustee, which can be an individual or a company.
A professional trustee is a business that acts as trustee for clients and keeps the records that the deed and the law require.
Where work has to be done in Jersey itself, a local partner does it, and your engagement letter sets out that role.
A family can also form a Jersey private trust company to act as trustee of its own trusts. Jersey private trust companies are used where a family wants decisions kept in house. Your lawyer confirms how a private trust company is set up and run before it is formed.
An individual and a professional trustee suit different families. Weigh what happens to the trust if the person dies or moves away, how records are kept, and how much time the role takes.
Features the law allows
These are the features of Jersey law that families comparing places ask about most often.
- No fixed end date. Under Article 15 a trust may continue for an unlimited period unless its terms provide otherwise (source: Jersey Law Website, Trusts (Jersey) Law 1984). Your lawyer confirms the position for an older trust.
- Reserved powers. Under Article 9A, a settlor’s keeping certain powers, such as directing investments, does not affect the trust’s validity (same source). The deed’s wording decides how far this works.
- Purpose trusts. A trust can serve a non-charitable purpose if the deed provides for an enforcer (same source, Article 12 and Article 13).
- Foundations. A foundation is a separate entity incorporated under its own law rather than a trust (same source as the Foundations Law above).
- Protectors and letters of wishes. These come from the deed. The law leaves room for them, and the deed defines them.
None of these features is an outcome by itself. How well one works for your family turns on where you live, what you own and the law of the places where those assets sit.
Limits and requirements
Jersey law also draws limits, and they protect the beneficiaries as much as they bind the settlor.
A reserved power does not take away the trustee’s duties. The trustee must still follow the deed and act in the interests of the beneficiaries.
A settlor who keeps powers should expect the deed to say clearly who decides what. Where a power is shared between the settlor and the trustee, the deed also says what happens if they disagree, so that the trust keeps running.
We do not accept a trust until we have identified and verified the settlor, any protector and the other people connected with it, and we keep a record of those checks.
The trustee has reporting duties too. They are set out in the tax and reporting guide.
The rules that apply to a private trust company depend on how it is set up; your lawyer confirms them for your case.
The structure design stage of the set-up guide is where the checks on your own deed usually happen.
Sources and review dates
Each fact on this page carries its source and the date of that source, 2026-11-05. The statute text is on the official law website, and we review the facts when the law changes.
Your lawyer confirms how these points apply to your deed. This page is not legal advice.
To see what a structure like this costs and who charges for it, read the Jersey cost guide.
For the practical points, read the common questions page. When you are ready, you can request a quote for Jersey.
Frequently asked questions
Which law governs a trust in Jersey?
A trust under Jersey law is governed mainly by the Trusts (Jersey) Law 1984, under which Jersey law decides questions about validity and effect. A well-drafted deed names its governing law expressly, and your lawyer checks the wording before you sign anything.
Can a trust in Jersey have a protector?
A deed can name a protector to consent to key decisions, such as adding beneficiaries. The role comes from the deed rather than from a statute. Your lawyer confirms how the law applies to your deed, including what powers a protector can hold.
Sources
- Jersey Law Website: Trusts (Jersey) Law 1984, read 2026-11-05.
- Jersey Law Website: Foundations (Jersey) Law 2009, read 2026-11-05.