Applications to vary trusts in England, Jersey and Guernsey

The purpose of this article is to summarise the jurisdiction of the courts in England, Jersey and Guernsey to vary the terms of trusts and, in doing so, to highlight some of the differences of approach in these jurisdictions. It must, however, be emphasised that this article does not extend to the jurisdiction of these courts to vary the terms of trusts in proceedings external or ancillary to the law of trusts – for example, in the fields of mental health, ancillary relief and the law of succession. Separate considerations also apply to the “variation” of charitable trusts.