Who owes what and to whom: the roles and duties of trustees, protectors, and enforcers compared to those of councillors and guardians in respect of Guernsey law trusts and foundations

In January 2013, Guernsey introduced the Foundations (Guernsey) Law, 2012, introducing the concept of foundations into a common law jurisdiction much more familiar with trusts. For practitioners looking to use foundations, it is important that they understand the duties of foundation officials and how they may differ to those of trust officials and related parties. In this article, the authors highlight some of the key similarities and differences between the duties of trustees and those of councillors of foundations, as well as comparing and contrasting the roles of protectors and enforcers of trusts with those of guardians of foundations.