Trust practitioners in Jersey need to be aware of the acute difficulties which can be involved when a trust settlor seems to be suffering from mental incapacity, according to a leading local lawyer.
Giles Corbin, Head of Trusts at Mourant Ozannes, will highlight the potential problems to an audience of up to 60 people at a symposium hosted by the firm entitled ‘The Curious Case of the Man in the Flannel Pyjamas’.
Giles explained that it is often difficult for professionals who are expert in the field of geriatric psychiatry to agree on whether and when a person has lost capacity. As such, he believes that it is almost impossible to expect trust practitioners to assess such a sensitive question and, yet, it occasionally has profound implications for the administration of a trust.
"What might be eccentricity in one person might well be the sign of a loss of mental capacity in another and this is a question which has confounded experts for many years. The question we'll be exploring in depth at the symposium concerns how a trust professional should deal with this incredibly sensitive question when confronted with instructions relating to significant gifts, settlements and payments into trust from someone who may have lost capacity.
" Giles will be joined on the speakers' platform by Jonathan Speck, Head of Litigation at Mourant Ozannes, Morven McMillan, Head of Trusts in the firm's Cayman office, and St John Robilliard, Head of Trusts in Guernsey.
The symposium will be held on Wednesday 9 February at the Royal Yacht Hotel. The delegate fee is £30 and further details can be obtained by contacting Emma Pallot on 676000.