Representation of the Greville Bathe Fund [2013] JRC 201 (17 October 2013)

Representation of the Greville Bathe Fund [2013] JRC 201 (17 October 2013)

The Greville Bathe Fund is not exclusively charitable due to its purposes extending beyond relief of poverty to sickness and other personal distress among a class defined by employment relationship with the Company. The Court defined the class of beneficiaries to include present and former employees, pensioners, tenants of the Company and its subsidiaries, and their dependents, and approved a consolidated trust instrument granting modern administrative powers. The trustees and their predecessors are relieved from liability for past payments made in good faith outside their powers.

Citation
[2013] JRC 201
Parties
Representor: Trustees of the Greville Bathe Fund; Representative of Ascertained Beneficiaries: Mr Santos-Costa; Representative of Unascertained Beneficiaries: Mr Franckel
Jurisdiction
Jersey
Judgment Date
17 October 2013
Procedural Posture
Trust Administration / Construction / Application for Directions and Approval of Consolidated Trust Instrument
Outcome
Application granted
Legal Topics
Construction of Trust Objects, Variation of Trusts, Trustee Administrative Powers, Trustee Liability, Charitable Status, Beneficiary Class Definition
Trusts Charity Law Construction of Trust Objects Variation of Trusts Trustee Administrative Powers Trustee Liability Charitable Status Beneficiary Class Definition

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Parties

Trustees of the Greville Bathe Fund

Representor

Mr Santos-Costa

Representative of Ascertained Beneficiaries

Mr Franckel

Representative of Unascertained Beneficiaries

Procedural Posture

Trust Administration / Construction / Application for Directions and Approval of Consolidated Trust Instrument

Legal Issues

  1. 1 What are the objects and purposes of the Greville Bathe Fund?
  2. 2 Is the Fund exclusively charitable?
  3. 3 Who qualifies as a beneficiary under the Fund?

Ratio Decidendi

The Greville Bathe Fund is not exclusively charitable due to its purposes extending beyond relief of poverty to sickness and other personal distress among a class defined by employment relationship with the Company. The Court defined the class of beneficiaries to include present and former employees, pensioners, tenants of the Company and its subsidiaries, and their dependents, and approved a consolidated trust instrument granting modern administrative powers. The trustees and their predecessors are relieved from liability for past payments made in good faith outside their powers.

Court Disposition

Application granted

Orders

  • The consolidated trust instrument as drafted and settled is approved and to be treated as the trust instrument for the Fund.
  • The trustees are granted the additional administrative powers sought, including powers to borrow, guarantee, appoint a protector, and vary administrative provisions.