Disclosure of documents and information by retiring trustees: a Jersey perspective

The disclosure of documents by a retiring trustee to an incoming trustee continues to be a topical, yet nonetheless not straightforward, issue faced by many trustees. In the recent case of Volaw v Trustcorp ([2013] JRC 028) the Royal Court of Jersey had to consider the issue in the context of a request for all documents in the possession of the retiring trustee relating to the trust structure, and underlying entities, together with all correspondence, legal advice, and file notes. This article considers the case law on a retiring trustee's disclosure obligations, alongside the latest statement on the issue from the Royal Court.