Fiduciary Conflict Management 

The team at Evander are well placed due to their experience in Fiduciary Conflict Management to ensure that there is the best outcome of any breaches of fiduciary duties and that no beneficiaries or related parties to the trust suffer detriment. 

Conflict can occur in a fiduciary relationship in many circumstances; however, a general equitable rule that applies to trustees includes that they must not place themselves in positions or enter transactions where there is no conflict between their duty as a fiduciary and their personal interests or other duties. 

The team at Evander can provide support to Trustees and their duty to protect assets diligently and prudently.  A trustee’s duty of care is usually included in trust documents and this duty can apply to a few circumstances including investing in trust property, insuring trust property and delegation of authority. 

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Our Services Why Choose Us 

Our Services 

Further to the introduction to The Fiduciary Rules and Guidance, 2020 in Guernsey. Evander’s compliance team can ensure assist with the implementation of robust compliance and administrative processes and procedures.    

Areas of focus for the compliance team is delivering training to ensure that all employees understand their regulatory obligations of the different types of trusts in commercial transactions.  Three areas of focus for Evander and the Fiduciary Regime in Guernsey, and other jurisdictions where trusts are recognised under common law, are inclusive –  

  • Ensuring fiduciaries maintain regulatory obligations of governance and management 
  • Integrity and Conduct of Business rules 
  • Monitoring and Testing of Prudential requirements to ensure financial stability and risk management
  • Negotiation: the conflicting parties discuss the issues and give-and-take on particular elements.
    • Confrontation: the problem is openly discussed by all parties involved.
    • Win–win strategy: a strategy that focuses on goals or the welfare of both parties and attempts are made to meet the needs of both parties.
    • Win–lose strategy: one party is determined to win, and the other has to submit or lose.
    • Lose–lose strategy: in which neither side wins, nor settlement reached and is unsatisfactory for both sides.
    • Partisan choice: attending to the needs of only one party.

Why Choose Us 

  • At Evander we assist companies to implement strategy with the concept of collaboration, its key components and attributes, and its range of features which are claimed to be ‘essential’ for successful collaboration. 
  • The team at Evander consider that there is no single list of ‘essential’ features’ which are definitive. In other words, the components and attributes required for one collaborative task may differ from those required for another, 
  • Co-ordination means to negotiate with others in order to work together effectively.  Co-operation means the action or process of working together to achieve a common goal. Both effective coordination and cooperation in turn lead to collaborative working. 
  • The outcome of creating a collaborative environment will assist in mitigating the risk of conflict within a fiduciary relationship. 

At Evander, we are committed to helping you achieve and maintain compliance, so you can focus on what you do best—growing your business. Contact us today to learn more about how we can support your technical and regulatory needs.