In the matter of the Augusta Trust [2024] JRC 093 (19 April 2024)
The Court exercised its power under Article 51 of the Trusts (Jersey) Law 1984 to appoint Tri-Pro Administrators Limited as trustee, given the absence of a trustee and the urgency created by tax liabilities on the trust asset.
- Citation
- [2024] JRC 093
- Parties
- Representor/applicant: B; Former Trustee: Olexco Trust Company Limited; Proposed Trustee: Tri-Pro Administrators Limited
- Jurisdiction
- Jersey
- Judgment Date
- 19 April 2024
- Procedural Posture
- Representation / Appointment of New Trustee
- Outcome
- Application granted
- Legal Topics
- Appointment of Trustee, Removal of Trustee, Trust Administration
Case Brief
Summary, issues, holding and outcome
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Parties
B
Representor/applicant
Olexco Trust Company Limited
Former Trustee
Tri-Pro Administrators Limited
Proposed Trustee
Procedural Posture
Representation / Appointment of New Trustee
Legal Issues
- 1 Whether the Court should appoint a new trustee for the Augusta Trust
- 2 Whether the removal of Olexco Trust Company Limited as trustee is appropriate
Ratio Decidendi
The Court exercised its power under Article 51 of the Trusts (Jersey) Law 1984 to appoint Tri-Pro Administrators Limited as trustee, given the absence of a trustee and the urgency created by tax liabilities on the trust asset.
Court Disposition
Application granted
Orders
- Olexco Trust Company Limited removed as trustee of the Augusta Trust.
- Tri-Pro Administrators Limited appointed as trustee of the Augusta Trust with effect from the date of the order.
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