In re PW Trust v [2010] JLR 619 (04 November 2010)

In re PW Trust v [2010] JLR 619 (04 November 2010)

If a trustee is informed of a claim against the trust but no proceedings are brought for several years, the court may, on the trustee's application for directions, order that unless proceedings are brought within a short timescale, the trustee is entitled to administer the trust disregarding the claim.

Citation
[2010] JLR 619
Parties
Trustee: PW Trust
Jurisdiction
Jersey
Judgment Date
04 November 2010
Procedural Posture
Trusts Legal Proceedings / Application for Directions by Trustee
Outcome
Conditional order in favour of trustee
Legal Topics
Claims Against Trust, Limitation of Actions, Trustee's Duties
Trusts Claims Against Trust Limitation of Actions Trustee's Duties

Case Brief

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Parties

PW Trust

Trustee

Procedural Posture

Trusts Legal Proceedings / Application for Directions by Trustee

Legal Issues

  1. 1 Whether a claim against a trust must be brought within a reasonable time after the trustee is informed of the claim
  2. 2 Whether the court may direct that unless proceedings are brought within a specified period, the trustee may disregard the claim

Ratio Decidendi

If a trustee is informed of a claim against the trust but no proceedings are brought for several years, the court may, on the trustee's application for directions, order that unless proceedings are brought within a short timescale, the trustee is entitled to administer the trust disregarding the claim.

Court Disposition

Conditional order in favour of trustee

Orders

  • Unless proceedings are brought within a short timescale, the trustee is entitled to administer the trust disregarding the claim