Corporate & Commercial

Ferbrache & Farrell LLP’s corporate department offers full service corporate, banking and commercial cover and is able to advise on all aspects of Guernsey corporate and commercial law, including banking and finance, regulatory, investment funds, asset management and listings on The International Stock Exchange (TISE).

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21 February 2024
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Many leases and tenancies contain provisions that restrict activity at, or use of, the property. Typically, use clauses may restrict what is permitted, such as…
Dispute Resolution

The dispute resolution department at Ferbrache & Farrell LLP has vast experience of local and international litigation and dispute resolution generally, gained from acting in complex local and international high-value disputes, both in Guernsey and throughout the world.

Latest Insight
21 February 2024
Insight
Many leases and tenancies contain provisions that restrict activity at, or use of, the property. Typically, use clauses may restrict what is permitted, such as…
Property

The Guernsey property department is dedicated to providing tailored solutions that meet and exceed clients’ expectations. In addition, the property department provides support to colleagues in the corporate and dispute resolution departments on real estate-related technical points of law.

Latest Insight
21 February 2024
Insight
Many leases and tenancies contain provisions that restrict activity at, or use of, the property. Typically, use clauses may restrict what is permitted, such as…
UK Real Estate

We are delighted to help in relation to providing legal advice for real estate in England and Wales. We listen. We learn what your needs are. We proactively respond. Whether it’s personal or commercial property, we always provide sound and pragmatic advice, adding value to the transaction.

Latest Insight
21 February 2024
Insight
Many leases and tenancies contain provisions that restrict activity at, or use of, the property. Typically, use clauses may restrict what is permitted, such as…
Private Client

Our services for private client matters include the drafting of realty and personalty wills, obtaining Grants of Probate, acting as professional executors and assisting foreign lawyers who have requirements in this jurisdiction.

Latest Insight
21 February 2024
Insight
Many leases and tenancies contain provisions that restrict activity at, or use of, the property. Typically, use clauses may restrict what is permitted, such as…

Ferbrache & Farrell has welcomed news that Lasting Powers of Attorney (often called ‘LPAs’) are a step closer to being implemented in the Bailiwick of Guernsey.

From April 2022, islanders will be able to make advance decisions on matters such as their own health and welfare and their own property and financial affairs. The Capacity (Bailiwick of Guernsey) Law, 2020, has been in the pipeline for some time. If States members give it the final seal of approval next month it will mean big changes to the way islanders are able to plan for their futures.

‘Currently if someone has made a Power of Attorney, and they then lose mental capacity – the ability to make decisions – then the Power of Attorney will cease to have effect.  The new Lasting Powers of Attorney are different, in that they will continue to have effect after someone loses their mental capacity. This flexibility means islanders can plan for their future effectively,’ explained Advocate and Managing Partner Alastair Hargreaves.

‘Ferbrache & Farrell warmly welcomes the development of the new Lasting Power of Attorney regime which will provide flexibility to islanders to futureproof their decision making, and when needed most in their lives.’

The Capacity Law envisages two types of Lasting Powers of Attorney; the first type relating to health and welfare and the second type relating to property and financial affairs.

Lasting Powers of Attorney are available for anyone who has reached 18 years of age, has the mental capacity to execute the relevant LPA, has the mental capacity to apply to register the LPA(s), and legislative provisions on the subject are met.

‘It is not possible to make an LPA if mental capacity has been lost, so it is most prudent to enter into such arrangements sooner rather than later if the decision to do so has been made,’ said Advocate Hargreaves.

An Advocate is not needed to implement a LPA (but can assist if needed). It is intended that the LPA form can be downloaded from the Royal Court website (www.guernseyroyalcourt.gg), and once completed it would be taken to the Greffe for registration (by appointment only).  The fee for a single LPA would be £80, and for both LPAs would be £100.