Representation of U [2011] JRC 131 (06 July 2011)

Representation of U [2011] JRC 131 (06 July 2011)

It is in the interests of the beneficiaries for the trustee to disclose the accounts of the W Settlement (and underlying companies) to B for use in the English divorce proceedings, subject to confidentiality safeguards, because such disclosure will ensure accurate information is available to the English court, facilitate fair resolution of the divorce, and protect the financial and broader interests of the beneficiaries. The status of B as an excluded person is irrelevant to this assessment.

Citation
[2011] JRC 131
Parties
Trustee: U Limited; First Respondent / Settlor: B; Beneficiary (child of B): C; Beneficiary (child of B): D; Beneficiary (child of B): A; Beneficiary (sister of B): E; Beneficiary (sister of B): J; Beneficiary (sister of B): M; Excluded Person (wife of B): Q; Excluded Person (mother of B): V
Jurisdiction
Jersey
Judgment Date
06 July 2011
Procedural Posture
Trustee Application for Directions / Judgment on Disclosure of Trust Accounts
Outcome
Disclosure ordered
Legal Topics
Disclosure of Trust Information, Trustee Powers and Duties, Beneficiaries' Interests, Excluded Persons, Supervisory Jurisdiction, Divorce Proceedings and Trusts
Trusts Family Law Private International Law Disclosure of Trust Information Trustee Powers and Duties Beneficiaries' Interests Excluded Persons Supervisory Jurisdiction +1 more

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Parties

U Limited

Trustee

B

First Respondent / Settlor

C

Beneficiary (child of B)

D

Beneficiary (child of B)

A

Beneficiary (child of B)

E

Beneficiary (sister of B)

J

Beneficiary (sister of B)

M

Beneficiary (sister of B)

Q

Excluded Person (wife of B)

V

Excluded Person (mother of B)

Procedural Posture

Trustee Application for Directions / Judgment on Disclosure of Trust Accounts

Legal Issues

  1. 1 Whether the trustee should disclose the accounts of the W Settlement to B, an excluded person, for use in English divorce proceedings
  2. 2 Whether such disclosure is in the interests of the beneficiaries under Article 24(2) of the Trusts (Jersey) Law 1984

Ratio Decidendi

It is in the interests of the beneficiaries for the trustee to disclose the accounts of the W Settlement (and underlying companies) to B for use in the English divorce proceedings, subject to confidentiality safeguards, because such disclosure will ensure accurate information is available to the English court, facilitate fair resolution of the divorce, and protect the financial and broader interests of the beneficiaries. The status of B as an excluded person is irrelevant to this assessment.

Court Disposition

Disclosure ordered

Orders

  • The trustee is directed to provide the accounts of the W Settlement and its underlying companies to B for use in the English divorce proceedings, subject to confidentiality safeguards.