PTNZ v AS & Ors [2020] EWHC 3114 (Ch ) (18 November 2020)

PTNZ v AS & Ors [2020] EWHC 3114 (Ch ) (18 November 2020)

The appointment of the 10th defendant as protector was valid because the heirs under Monegasque law possess legal characteristics equivalent to personal representatives under English law, and the trust instrument must be construed to include foreign heirs as eligible to exercise the power of appointment. The protector's consent is required for specified trustee actions, and his powers are joint with the trustees, not limited to review.

Citation
[2020] EWHC 3114 (Ch
Parties
Claimant: PTNZ; Defendant: AS; Defendant: CFS; Defendant: AMS; Defendant: MIB; Defendant: FS; Defendant: CS; Defendant: NS; Defendant: SS; Defendant: THE UNBORN BENEFICIARIES; Defendant: CA
Jurisdiction
England and Wales
Judgment Date
18 November 2020
Procedural Posture
Part 8 Claim (cpr Part 64, Public Trustee V Cooper Category 2) / First Hearing to Determine Validity of Protector Appointment and Related Issues
Outcome
Declaration that the 10th defendant was validly appointed as protector; guidance on scope of protector's powers.
Legal Topics
Construction of Trust Instruments, Appointment of Protectors, Recognition of Foreign Succession Law, Fiduciary Powers, Blessing of Trustee Decisions
Trusts and Probate Private International Law Construction of Trust Instruments Appointment of Protectors Recognition of Foreign Succession Law Fiduciary Powers Blessing of Trustee Decisions

Case Brief

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Parties

PTNZ

Claimant

AS

Defendant

CFS

Defendant

AMS

Defendant

MIB

Defendant

FS

Defendant

CS

Defendant

NS

Defendant

SS

Defendant

THE UNBORN BENEFICIARIES

Defendant

CA

Defendant

Procedural Posture

Part 8 Claim (cpr Part 64, Public Trustee V Cooper Category 2) / First Hearing to Determine Validity of Protector Appointment and Related Issues

Legal Issues

  1. 1 Whether the appointment of the 10th defendant as protector was valid under the trust instrument
  2. 2 Whether the consent of the protector is required for trustee decisions subject to court blessing
  3. 3 Scope and nature of protector's powers under the trust

Ratio Decidendi

The appointment of the 10th defendant as protector was valid because the heirs under Monegasque law possess legal characteristics equivalent to personal representatives under English law, and the trust instrument must be construed to include foreign heirs as eligible to exercise the power of appointment. The protector's consent is required for specified trustee actions, and his powers are joint with the trustees, not limited to review.

Court Disposition

Declaration that the 10th defendant was validly appointed as protector; guidance on scope of protector's powers.

Orders

  • The 10th defendant is confirmed as validly appointed protector of the trusts.
  • Protector's written consent is required for specified trustee actions under the trust instrument.