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The landmark case of Crociani v Crociani will have far-reaching implications for trust lawyers. In his first STEP webcast, Nicholas Le Poidevin Q.C. explores the case, spotlighting challenges in determining which jurisdiction’s laws the trust is subject to — Jersey or Martitius — and how this was complicated largely by unclear drafting of the trust’s twelfth clause. Importantly, Nicholas dissects the phrase ‘forum for [or of] the administration’ and explains why it must be drafted clearly if there is an enforceable jurisdiction clause.
Nicholas Le Poidevin, Q.C.
Is head of New Square Chambers. His work is largely contentious and the focus is on trusts, wills and estates, and real property, together with the associated professional negligence and conflict of laws. He has appeared in courts in offshore jurisdictions, including Bermuda, the B.V.I., the Isle of Man and the Cayman Islands, and is instructed for litigation or advice in the Channel Islands and elsewhere. Cases on jurisdiction are Crociani v. Crociani  UKPC 40 in the Privy Council (from Jersey), Re A Trust  Bda LR 79 in Bermuda and González Gómez v. Gómez-Monche Vives  Ch. 245 (C.A.). Other recent appearances are Marley v. Rawlings  3 W.L.R. 1015 (switched wills) in the Supreme Court and Yang Hsueh Chi Serena v Equity Trustee Ltd, 29 Sept. 2014 (construction), in the East Caribbean Court of Appeal.
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