PTNZ v AS & Ors

PTNZ v AS & Ors

The appointment of the 10th defendant as protector was valid because the heirs under Monegasque law possess the legal characteristics of personal representatives as contemplated by the trust deeds. The protector's powers of consent are joint with the trustee, not limited to a review function, and must be exercised independently and in good faith. The protector is entitled to participate fully in the blessing hearing.

Parties
Claimant: PTNZ; 1st Defendant: AS; 2nd Defendant: CFS; 3rd Defendant: AMS; 4th Defendant: MIB; 5th Defendant: FS; 6th Defendant: CS; 7th Defendant: NS; 8th Defendant: SS; 9th Defendant: THE UNBORN BENEFICIARIES; 10th Defendant: CA
Jurisdiction
England and Wales
Judgment Date
18 November 2020
Procedural Posture
Part 8 Claim / Judgment on Validity and Scope of Protector Appointment and Powers
Outcome
Appointment of the 10th defendant as protector is valid; protector's powers are joint with trustee; protector may participate fully in blessing hearing.
Legal Topics
Appointment of Protector, Construction of Trust Instruments, Powers of Consent, Recognition of Foreign Succession, Fiduciary Duties
Trusts Private International Law Succession Appointment of Protector Construction of Trust Instruments Powers of Consent Recognition of Foreign Succession Fiduciary Duties

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 13 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

PTNZ

Claimant

AS

1st Defendant

CFS

2nd Defendant

AMS

3rd Defendant

MIB

4th Defendant

FS

5th Defendant

CS

6th Defendant

NS

7th Defendant

SS

8th Defendant

THE UNBORN BENEFICIARIES

9th Defendant

CA

10th Defendant

Procedural Posture

Part 8 Claim / Judgment on Validity and Scope of Protector Appointment and Powers

Legal Issues

  1. 1 Was the appointment of the 10th defendant as protector valid under the trust deeds?
  2. 2 What is the scope and nature of the protector's powers of consent?
  3. 3 Does the protector's consent power require him to act jointly or as a reviewer?

Ratio Decidendi

The appointment of the 10th defendant as protector was valid because the heirs under Monegasque law possess the legal characteristics of personal representatives as contemplated by the trust deeds. The protector's powers of consent are joint with the trustee, not limited to a review function, and must be exercised independently and in good faith. The protector is entitled to participate fully in the blessing hearing.

Court Disposition

Appointment of the 10th defendant as protector is valid; protector's powers are joint with trustee; protector may participate fully in blessing hearing.

Orders

  • Declaration that the 10th defendant was validly appointed as protector under the trust deeds.
  • Protector's powers of consent are joint with trustee and not limited to review.