In re HHH Employee Trust v [2013] 1 JLR 135 (30 January 2013)

Disclosure sought from the settlor was irrelevant to the fiduciary functions, so the settlor was discharged from the obligation to provide it and entitled to full reimbursement for costs incurred in the exercise of fiduciary functions.

Citation: [2013] 1 JLR 135
Parties: Beneficiary: HHH Employee Trust; Settlor With Fiduciary Functions: Settlor (unnamed)
Jurisdiction: Jersey
Judgment Date: 30 January 2013
Procedural Posture: Trust Administrative Proceedings / Costs Determination
Outcome: Application for disclosure dismissed; costs of settlor and beneficiary to be paid out of trust fund.
Legal Topics: Disclosure of Trust Information, Fiduciary Duties, Costs in Trust Proceedings

Trusts Disclosure of Trust Information Fiduciary Duties Costs in Trust Proceedings

Case Brief

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Parties

HHH Employee Trust

Beneficiary

Settlor (unnamed)

Settlor With Fiduciary Functions

Procedural Posture

Trust Administrative Proceedings / Costs Determination

Legal Issues

1 Whether the settlor with fiduciary functions is required to provide wide-ranging disclosure to the beneficiary
2 Whether the settlor is entitled to reimbursement of costs incurred in the exercise of fiduciary functions

Ratio Decidendi

Court Disposition

Application for disclosure dismissed; costs of settlor and beneficiary to be paid out of trust fund.

Orders

Settlor discharged from providing disclosure
Settlor entitled to full reimbursement for costs incurred in exercise of fiduciary functions