In the matter of HHH Trust [2012] JRC 127B (28 June 2012)

In the matter of HHH Trust [2012] JRC 127B (28 June 2012)

A beneficiary's right to disclosure from a settlor is limited to documents and information relating to the exercise of fiduciary powers retained by the settlor under the trust. The settlor is not subject to the same disclosure obligations as a trustee and is not required to provide general trust documentation or information that can be obtained from the trustee. The court's supervisory jurisdiction under Article 51 of the Trusts (Jersey) Law 1984 does not extend to ordering broad disclosure from the settlor except in relation to the exercise of its fiduciary powers.

Citation
[2012] JRC 127B
Parties
Representor/beneficiary: B; First Respondent/trustee: Trustee (US company); Second Respondent/settlor: Settlor (multinational company)
Jurisdiction
Jersey
Judgment Date
28 June 2012
Procedural Posture
Trust Law Representation / Judgment on Application for Disclosure Against Settlor
Outcome
Application for wide disclosure against the settlor dismissed; disclosure limited to documents relating to exercise of settlor's fiduciary powers.
Legal Topics
Disclosure Obligations of Settlor, Fiduciary Powers, Beneficiaries' Rights, Supervisory Jurisdiction of Court, Pre Action Disclosure, Employer Duties Under Pension Trusts
Trusts Equity Employment Disclosure Obligations of Settlor Fiduciary Powers Beneficiaries' Rights Supervisory Jurisdiction of Court Pre Action Disclosure +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 12 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

B

Representor/beneficiary

Trustee (US company)

First Respondent/trustee

Settlor (multinational company)

Second Respondent/settlor

Procedural Posture

Trust Law Representation / Judgment on Application for Disclosure Against Settlor

Legal Issues

  1. 1 Is a settlor of a trust under an obligation to make disclosure to a beneficiary?
  2. 2 What is the extent of any such obligation?
  3. 3 Does the settlor's retention of fiduciary powers affect disclosure obligations?

Ratio Decidendi

A beneficiary's right to disclosure from a settlor is limited to documents and information relating to the exercise of fiduciary powers retained by the settlor under the trust. The settlor is not subject to the same disclosure obligations as a trustee and is not required to provide general trust documentation or information that can be obtained from the trustee. The court's supervisory jurisdiction under Article 51 of the Trusts (Jersey) Law 1984 does not extend to ordering broad disclosure from the settlor except in relation to the exercise of its fiduciary powers.

Court Disposition

Application for wide disclosure against the settlor dismissed; disclosure limited to documents relating to exercise of settlor's fiduciary powers.

Orders

  • Settlor not required to provide general trust documentation or information available from the trustee.
  • Disclosure from settlor limited to documents relating to exercise of fiduciary powers (appointment/removal of trustees, appointment of protector).