In re Rabaiotti Settlement [2000] JRC 90 (30 May 2000)

In re Rabaiotti Settlement [2000] JRC 90 (30 May 2000)

The court holds that beneficiaries are normally entitled to trust documents but disclosure may be refused if not in the interests of all beneficiaries. Letters of wishes are confidential and not normally disclosable, but the court may order disclosure if justified. On the facts, disclosure of both trust documents and letters of wishes to John Rabaiotti is ordered, as it is in the interests of all beneficiaries and avoids misunderstanding in English matrimonial proceedings. Trustees are directed not to intervene in the English proceedings.

Citation
[2000] JRC 90
Parties
Trustee: Latour Trust Company Limited; Trustee: Latour Trustees (Jersey) Limited; Beneficiary/applicant: John Rabaiotti; Beneficiary: Louisa Punturieri
Jurisdiction
Jersey
Judgment Date
30 May 2000
Procedural Posture
Application for Directions Under Article 47 of the Trusts (jersey) Law 1984 / Judgment on Application
Outcome
Application granted in part
Legal Topics
Disclosure of Trust Documents, Letters of Wishes, Beneficiary Rights, Trustee Duties, Confidentiality, Court Discretion
Trusts Equity Family Law Disclosure of Trust Documents Letters of Wishes Beneficiary Rights Trustee Duties Confidentiality +1 more

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Parties

Latour Trust Company Limited

Trustee

Latour Trustees (Jersey) Limited

Trustee

John Rabaiotti

Beneficiary/applicant

Louisa Punturieri

Beneficiary

Procedural Posture

Application for Directions Under Article 47 of the Trusts (jersey) Law 1984 / Judgment on Application

Legal Issues

  1. 1 Whether trustees must disclose trust documents and letters of wishes to beneficiaries
  2. 2 Whether the court has discretion to order or refuse disclosure
  3. 3 Whether trustees should intervene in English matrimonial proceedings

Ratio Decidendi

The court holds that beneficiaries are normally entitled to trust documents but disclosure may be refused if not in the interests of all beneficiaries. Letters of wishes are confidential and not normally disclosable, but the court may order disclosure if justified. On the facts, disclosure of both trust documents and letters of wishes to John Rabaiotti is ordered, as it is in the interests of all beneficiaries and avoids misunderstanding in English matrimonial proceedings. Trustees are directed not to intervene in the English proceedings.

Court Disposition

Application granted in part

Orders

  • Trustees must disclose Accounting Documents (trust deeds, accounts, etc.) to John Rabaiotti.
  • Trustees must disclose letters of wishes to John Rabaiotti.