In the matter of the Shinorvic Trust [2012] JRC 081 (20 April 2012)

In the matter of the Shinorvic Trust [2012] JRC 081 (20 April 2012)

The court held that under Jersey law, the equitable principle aiding defective execution of a power applies to any person for whom the donee is under a natural or moral obligation to provide, not limited to wife or child. The settlor was under a moral obligation to provide for Mrs B, and intended to add her as a beneficiary. The defect in witnessing the 1990 deed was a formal defect, not substantive. Therefore, Mrs B was validly added as a beneficiary from the date of the 1990 deed. Alternatively, the 1998 deed, by its recital, would have validly added her from 1998.

Citation
[2012] JRC 081
Parties
Representors: Trustees of the Shinorvic Trust; Beneficiary (opposing): MF; Interested Party (potential Beneficiary): Mrs B
Jurisdiction
Jersey
Judgment Date
20 April 2012
Procedural Posture
Trust Law Application / Judgment on Application for Declarations
Outcome
Declarations granted
Legal Topics
Defective Execution of Powers, Appointment of Trustees, Addition of Beneficiaries, Equitable Relief, Moral Obligation in Equity
Trusts Equity Defective Execution of Powers Appointment of Trustees Addition of Beneficiaries Equitable Relief Moral Obligation in Equity

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Parties

Trustees of the Shinorvic Trust

Representors

MF

Beneficiary (opposing)

Mrs B

Interested Party (potential Beneficiary)

Procedural Posture

Trust Law Application / Judgment on Application for Declarations

Legal Issues

  1. 1 Whether Mr Goyet was validly appointed as a trustee of the Shinorvic Trust in 2007
  2. 2 Whether Mrs B was validly added as a beneficiary of the Shinorvic Trust despite defective execution of the 1990 deed

Ratio Decidendi

The court held that under Jersey law, the equitable principle aiding defective execution of a power applies to any person for whom the donee is under a natural or moral obligation to provide, not limited to wife or child. The settlor was under a moral obligation to provide for Mrs B, and intended to add her as a beneficiary. The defect in witnessing the 1990 deed was a formal defect, not substantive. Therefore, Mrs B was validly added as a beneficiary from the date of the 1990 deed. Alternatively, the 1998 deed, by its recital, would have validly added her from 1998.

Court Disposition

Declarations granted

Orders

  • Declaration that Mr Goyet was validly appointed as an additional trustee of the Shinorvic Trust by the instrument dated 27 March 2007.
  • Declaration that Mrs B was validly added as a beneficiary of the Shinorvic Trust from 21 February 1990.