Representation of X Trustees re D and E Trusts 07-Jan-21 [2021] JRC 018 (07 January 2021)

Representation of X Trustees re D and E Trusts 07-Jan-21 [2021] JRC 018 (07 January 2021)

The Court granted Beddoe relief and authorised X Trustees to provide the Country 1 tax authorities with information beyond the strict terms of the TIEA notices, including the judgment reinstating the trusts, to ensure an accurate and complete understanding of the trust history. The Court found that the prima facie case for the relief sought was satisfied and that such disclosure was in the interests of the trusts.

Citation
[2021] JRC 018
Parties
Representor: X Trustees; Defendants in Overseas Proceedings / Beneficiaries: Beneficiaries of the D Trust
Jurisdiction
Jersey
Judgment Date
07 January 2021
Procedural Posture
Beddoe Application and Directions for Disclosure / Judgment on Application for Beddoe Relief and Disclosure Directions
Outcome
Beddoe relief granted; directions for disclosure granted.
Legal Topics
Beddoe Relief, Trustee Directions, Disclosure to Tax Authorities, Exchange of Information, Trust Reinstatement
Trusts Taxation Civil Procedure Beddoe Relief Trustee Directions Disclosure to Tax Authorities Exchange of Information Trust Reinstatement

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Parties

X Trustees

Representor

Beneficiaries of the D Trust

Defendants in Overseas Proceedings / Beneficiaries

Procedural Posture

Beddoe Application and Directions for Disclosure / Judgment on Application for Beddoe Relief and Disclosure Directions

Legal Issues

  1. 1 Whether X Trustees should be granted Beddoe relief to continue overseas proceedings
  2. 2 Whether X Trustees should be authorised to disclose information to Country 1 tax authorities beyond the strict terms of the TIEA notices

Ratio Decidendi

The Court granted Beddoe relief and authorised X Trustees to provide the Country 1 tax authorities with information beyond the strict terms of the TIEA notices, including the judgment reinstating the trusts, to ensure an accurate and complete understanding of the trust history. The Court found that the prima facie case for the relief sought was satisfied and that such disclosure was in the interests of the trusts.

Court Disposition

Beddoe relief granted; directions for disclosure granted.

Orders

  • X Trustees authorised to continue overseas proceedings at the expense of the trust fund.
  • X Trustees authorised to provide the Comptroller of Taxes and, through him, the Country 1 tax authorities with the judgment reinstating the trusts and a covering letter explaining the circumstances.