Ukert v Hare Trust [2001] JRC 187A (28 August 2001)

Ukert v Hare Trust [2001] JRC 187A (28 August 2001)

The Deed of Appointment dated 20th July, 2000, was invalid because Beresford, as retiring trustee, did not provide the required written notice to the protector and therefore never acquired the power to appoint a new trustee. The appointment of Interface Trustees Limited was a nullity, and Beresford remains the sole trustee.

Citation
[2001] JRC 187A
Parties
Representor/protector: Philip Ukert; Respondent/retiring Trustee: Beresford Trustees Limited; Respondent/new Trustee: Interface Trustees Limited
Jurisdiction
Jersey
Judgment Date
28 August 2001
Procedural Posture
Trust Law Application / Judgment on Application to Declare Trustee Appointment Invalid
Outcome
Application granted. Deed of Appointment declared invalid. Beresford remains sole trustee.
Legal Topics
Appointment of Trustees, Protector's Powers, Validity of Trustee Appointment, Trustee Retirement Procedures
Trusts Equity Appointment of Trustees Protector's Powers Validity of Trustee Appointment Trustee Retirement Procedures

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Parties

Philip Ukert

Representor/protector

Beresford Trustees Limited

Respondent/retiring Trustee

Interface Trustees Limited

Respondent/new Trustee

Procedural Posture

Trust Law Application / Judgment on Application to Declare Trustee Appointment Invalid

Legal Issues

  1. 1 Whether the Deed of Appointment dated 20th July, 2000, appointing Interface Trustees Limited as trustee is valid under the terms of the Hare Trust
  2. 2 Whether the requirements of Clause 21 of the Settlement regarding trustee retirement and appointment were complied with

Ratio Decidendi

The Deed of Appointment dated 20th July, 2000, was invalid because Beresford, as retiring trustee, did not provide the required written notice to the protector and therefore never acquired the power to appoint a new trustee. The appointment of Interface Trustees Limited was a nullity, and Beresford remains the sole trustee.

Court Disposition

Application granted. Deed of Appointment declared invalid. Beresford remains sole trustee.

Orders

  • Declaration that the purported appointment of Interface Trustees Limited as trustee on 20th July, 2000, is invalid.
  • Declaration that Beresford Trustees Limited is and has at all times been the sole trustee of the Settlement.