Why ESG is Only Part of a Trustee’s Duties

Investment of trust funds has always been an area where difficult decisions have to be made by trustees.

Many trusts are of long duration and therefore investment strategies have to be adapted over time to reflect changing investment trends and economic situations as well as evolving to reflect the current and long term needs and wishes of the beneficiaries.

Environmental social and governance (ESG) considerations are currently causing some debate for trustees as to how these can be aligned with their fiduciary duties.

18 February 2025

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This paper will look at the considerations for trustees of Jersey trusts relating to ESG and investments and whether such matters are compatible with the exercise or indeed just part of a trustee’s normal duties.

When considering ESG factors and investments there are three areas which trustees can find troubling:

Is there a power to make ESG investments?
Is ‘ESG’ even an investment?
Is it a breach of trust for trustees to take into account ESG factors when exercising their discretion to select investments?

Complete the form to access the full paper and learn more about these key areas.