In the matter of HHH [2011] JRC 235 (15 December 2011)

In the matter of HHH [2011] JRC 235 (15 December 2011)

B, as a beneficiary, is entitled to seek disclosure of documents from C as trustee of the B sub trust and the HHH Trust, subject to issues of confidentiality and proportionality, and at his own cost. B must specify with clarity the documents or categories of documents sought. The right to disclosure from E as settlor is not established and requires further argument. Disclosure regarding other sub trusts is restricted and may require input from other interested parties. Costs thrown away by B's procedural default are to be paid by B.

Citation
[2011] JRC 235
Parties
Representor/applicant: B; First Respondent/current Trustee: C; Second Respondent/settlor: E
Jurisdiction
Jersey
Judgment Date
15 December 2011
Procedural Posture
Trust Beneficiary Application for Disclosure / Interlocutory Directions Hearing
Outcome
Directions given; leave to file re-amended representation; strike out applications dismissed; costs orders made against B for procedural default.
Legal Topics
Beneficiary Rights to Disclosure, Trustee Duties, Pre Action Disclosure, Costs in Trust Litigation
Trusts Equity Civil Procedure Beneficiary Rights to Disclosure Trustee Duties Pre Action Disclosure Costs in Trust Litigation

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Parties

B

Representor/applicant

C

First Respondent/current Trustee

E

Second Respondent/settlor

Procedural Posture

Trust Beneficiary Application for Disclosure / Interlocutory Directions Hearing

Legal Issues

  1. 1 Whether B as a beneficiary is entitled to disclosure of trust documents from C (trustee) and E (settlor)
  2. 2 Whether B is entitled to disclosure regarding other sub trusts under the HHH Trust
  3. 3 Whether E as settlor owes fiduciary duties to beneficiaries requiring disclosure

Ratio Decidendi

B, as a beneficiary, is entitled to seek disclosure of documents from C as trustee of the B sub trust and the HHH Trust, subject to issues of confidentiality and proportionality, and at his own cost. B must specify with clarity the documents or categories of documents sought. The right to disclosure from E as settlor is not established and requires further argument. Disclosure regarding other sub trusts is restricted and may require input from other interested parties. Costs thrown away by B's procedural default are to be paid by B.

Court Disposition

Directions given; leave to file re-amended representation; strike out applications dismissed; costs orders made against B for procedural default.

Orders

  • Leave granted to B to file re-amended representation.
  • B to specify documents/categories sought from C within 14 days.