Representation of the A Settlement [2016] JRC 065 (17 March 2016)

Representation of the A Settlement [2016] JRC 065 (17 March 2016)

The Court has jurisdiction under Article 5(a) of the Trusts (Jersey) Law 1984 as the trust is governed by Jersey law. The representor has sufficient interest to make the application. The trust exists despite missing original documentation. There is no one else with power to appoint trustees, so the Court should exercise its jurisdiction to appoint Mr C and Mr B as new trustees.

Citation
[2016] JRC 065
Parties
Representor: Mr F; Proposed Trustee: Mr C; Proposed Trustee: Mr B; Protector: Mr J; Attorney General: Her Majesty's Attorney General; Beneficiary: F1; Beneficiary: F2; Beneficiary: F3; Beneficiary: F4
Jurisdiction
Jersey
Judgment Date
17 March 2016
Procedural Posture
Representation (trusts) / Judgment on Application to Appoint New Trustees
Outcome
Application granted
Legal Topics
Appointment of Trustees, Jurisdiction of Court Over Trusts, Missing Trust Deed, Change of Proper Law, Consent of Beneficiaries and Protector
Trusts Private International Law Appointment of Trustees Jurisdiction of Court Over Trusts Missing Trust Deed Change of Proper Law Consent of Beneficiaries and Protector

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Parties

Mr F

Representor

Mr C

Proposed Trustee

Mr B

Proposed Trustee

Mr J

Protector

Her Majesty's Attorney General

Attorney General

F1

Beneficiary

F2

Beneficiary

F3

Beneficiary

F4

Beneficiary

Procedural Posture

Representation (trusts) / Judgment on Application to Appoint New Trustees

Legal Issues

  1. 1 Whether the Court has jurisdiction to appoint new trustees of the A Settlement under the Trusts (Jersey) Law 1984
  2. 2 Whether the representor has standing to make the application
  3. 3 Whether the trust exists and is governed by Jersey law despite missing original documentation

Ratio Decidendi

The Court has jurisdiction under Article 5(a) of the Trusts (Jersey) Law 1984 as the trust is governed by Jersey law. The representor has sufficient interest to make the application. The trust exists despite missing original documentation. There is no one else with power to appoint trustees, so the Court should exercise its jurisdiction to appoint Mr C and Mr B as new trustees.

Court Disposition

Application granted

Orders

  • Mr C and Mr B appointed as trustees of the A Settlement, effective after notice to the Jersey Financial Services Commission.