Virtual

More Than a Name: The Power of Guardianship Clauses – Cross-Jurisdictional Perspectives

02 Jul 2025

Location: 12:00 - 1:00pm UK Time (Zoom)
Members: - Book by 02 Jul
Non Members: - Book by 02 Jul

More Than a Name: The Power of Guardianship Clauses – Cross-Jurisdictional Perspectives

Highlights

The Evolution of Guardianship Clauses: How protector and guardian roles have developed across jurisdictions, and why naming is only part of the story.

Power vs. Responsibility: When protectors act as fiduciaries, office holders, or mere agents and how these roles impact the internal trust dynamic.

Cross-Border Tensions: How differing legal systems interpret protector powers, and the risk of trust recharacterisation or tax challenges in civil law jurisdictions like Italy.

Tax Authority Scrutiny: When and how protector clauses trigger aggressive tax treatment with a focus on Italian and other civil law approaches to disregarding trusts.

Richard Joynt
Director & Head of Family Office
Highvern

Richard is a Director of Highvern and Head of Family Office. He qualified as a Chartered Accountant in 1997 and holds an MBA from Warwick University. As well as having expertise in financial accounting and strategic financial planning, Richard has devoted the last 20 years of his career to the Family Office sector. He was the Director of a prominent Single Family Office from 2002-2012 and led the Multi-Family Office division of a prominent international fiduciary services firm from 2013 to 2021, dealing with Ultra High Net Worth individuals and their families from many jurisdictions including Europe, the US, the UAE and Russia. He has specific expertise in private equity, luxury assets, cryptocurrencies and philanthropy. At Highvern, Richard is responsible for managing some of the more complex client relationships, often with innovative structures. He is frequently asked to write articles for leading publications and regularly speaks at international conferences on specific issues relating to Family Offices.

 


Richard Joynt
Richard Joynt Director & Head of Family Office
Highvern
Andrea Vicari
Founder and Managing Partner
Vicari Avvocati

Andrea Vicari
Andrea Vicari Founder and Managing Partner
Vicari Avvocati
Mark Hubbard
Barrister
New Square Chambers

 

Mark Hubbard is a litigator with a reputation for contentious trust and estates cases, civil fraud, regulatory and disciplinary matters, company, insolvency and commercial litigation, as well as advisory work in those fields. His practice has a substantial offshore and international element. Mark has particular experience of litigation in the Bahamas, the Isle of Man, Guernsey, Jersey and Switzerland.

 

He is praised by clients for his quick grasp of complex cases, reliability and the quality of his advocacy, advice and client skills, he "comes up with commercial, practical and creative solutions" (Legal 500, 2016) and is described as "a very assured senior junior who is quick to grasp issues"(Chambers UK Bar 2017, Civil Fraud) and "very impressive in court"(Chambers HNW 2016).

 

His most recent cases include Marr v Collie 2017 (Privy Council, Bahamas, Trusts); Dinglis Properties v Dinglis Management [2016] 4 WLR 72 (civil fraud, freezing orders); Re K Trust [2016] WTLR 1225 (Guernsey, protectors, trusts); S v S [2015] 1 WLR 4592 (family, Jersey trusts) and Re Fenox (UK) Ltd [2015] All ER(D) 38 (Jan) (insolvency, arbitration).

 

Mark is the author of Protectors of Trusts (OUP, 2013), the first edition of an international practitioners work and of articles including "When ‘fraud’ does not unravel all", Trusts & Trustees 2013; "More about Schmidt", TQR 2014 and "Control & Ownership: and what's yours is mine too", TQR 2016. He is regularly asked to speak on domestic and offshore legal topics at home and abroad.

 


Mark Hubbard
Mark Hubbard Barrister
New Square Chambers
Niamh Harding
Managing Director
EFG Trust Company Limited

Niamh Harding, Managing Director of EFG Trust Company Limited in Jersey has been the head of the Jersey Trust Company at EFG since September 2022 and is also a director of EFG Wealth Solutions Limited. She leads a dedicated teams of highly experienced Trust and Company specialists that provide fiduciary and corporate services to a

a diverse international clientele with customised, compliant solutions designed to ensure long-term wealth preservation and facilitate seamless wealth transitions to future generations.

With over 30 years of experience in the trust and fiduciary industry, she specialises in managing complex structures for high-net-worth individuals, families, and corporate clients. Acknowledged for her practical approach and technical expertise in delivering fiduciary services, Niamh works with clients through major life events and cross-border considerations, ensuring they and their families are well-prepared for the future. Her ability to draw from her experiences and insights gained over the years from a global client base enables her to provide tailored solutions that address the unique needs of each client extending to Foreign Grantor Trusts for US family members to Pre and Post IPO structuring for their business ventures to Employee Share Option Schemes for their workforce.

Before joining EFG Niamh spent most of her working life, 22 years at UBS AG in Jersey. She holds qualifications from the Chartered Goverance Institute (ICG), ESOP Institute and International Compliance Association (ICA)


Niamh Harding
Niamh Harding Managing Director
EFG Trust Company Limited

Agenda

11:55am
Audience Logs On
12:00pm
Chair's Opening Remarks
Speakers:
Richard Joynt - Director & Head of Family Office - Highvern
12:05pm
More Than a Name: The Power of Guardianship Clauses
Speakers:
Richard Joynt - Director & Head of Family Office - Highvern
Andrea Vicari - Founder and Managing Partner - Vicari Avvocati
Mark Hubbard - Barrister - New Square Chambers
Niamh Harding - Managing Director - EFG Trust Company Limited
12:45pm
Audience Q&A
1:00pm
Chair's Closing Remarks

Event Partners

Contact Us

If you are interested in this event and would like some more information before making your decision to attend please contact Rachael Mowle on or email rachael@thoughtleaders4.com