In re Antares Trust [2016] 1 JLR 409 (27 May 2016)

In very unusual circumstances, the appointment of additional trustees is not irrational if it is intended to prevent the loss of trust assets and to avoid the original trustee's conflict of interest.

Citation: [2016] 1 JLR 409
Parties: Subject Trust: Antares Trust
Jurisdiction: Jersey
Judgment Date: 27 May 2016
Procedural Posture: Trusts Appointment of Trustees / Judgment on Appointment of Additional Trustees
Outcome: Appointment of additional trustees upheld
Legal Topics: Appointment of Trustees, Conflict of Interest, Asset Protection

Trusts Law Appointment of Trustees Conflict of Interest Asset Protection

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Parties

Antares Trust

Subject Trust

Procedural Posture

Trusts Appointment of Trustees / Judgment on Appointment of Additional Trustees

Legal Issues

1 Whether appointment of additional trustees was irrational in the circumstances
2 Whether the appointment was justified to prevent loss of trust assets and avoid conflict of interest

Ratio Decidendi

In very unusual circumstances, the appointment of additional trustees is not irrational if it is intended to prevent the loss of trust assets and to avoid the original trustee's conflict of interest.

Court Disposition

Appointment of additional trustees upheld