In the matter of the Y Trust [2014] JRC 027 (28 January 2014)

In the matter of the Y Trust [2014] JRC 027 (28 January 2014)

The court blessed the trustee's decision to refuse disclosure to Mrs B, finding that the trustee acted in good faith, within the band of reasonableness, and without conflict of interest. The information was sought for a collateral purpose, not for holding the trustee to account, and disclosure was not in the interests of the beneficiaries as a whole. The court would have reached the same decision if exercising its own discretion.

Citation
[2014] JRC 027
Parties
Applicant/representor: The Trustee; First Respondent (former Beneficiary): Mrs B; Second Respondent (settlor): The Settlor; Third Respondent (protector): Protector
Jurisdiction
Jersey
Judgment Date
28 January 2014
Procedural Posture
Trust Law Application (representation) / Application for Court Blessing of Trustee's Decision
Outcome
Application granted; trustee's decision blessed
Legal Topics
Disclosure of Trust Information, Trustee's Discretion, Court's Supervisory Jurisdiction, Beneficiaries' Rights, Non Intervention Principle
Trusts Equity Private International Law Disclosure of Trust Information Trustee's Discretion Court's Supervisory Jurisdiction Beneficiaries' Rights Non Intervention Principle

Case Brief

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Parties

The Trustee

Applicant/representor

Mrs B

First Respondent (former Beneficiary)

The Settlor

Second Respondent (settlor)

Protector

Third Respondent (protector)

Procedural Posture

Trust Law Application (representation) / Application for Court Blessing of Trustee's Decision

Legal Issues

  1. 1 Whether the court should bless the trustee's decision to refuse disclosure of trust information to a former beneficiary
  2. 2 Whether the court exercises its own discretion or reviews the trustee's discretion in such applications

Ratio Decidendi

The court blessed the trustee's decision to refuse disclosure to Mrs B, finding that the trustee acted in good faith, within the band of reasonableness, and without conflict of interest. The information was sought for a collateral purpose, not for holding the trustee to account, and disclosure was not in the interests of the beneficiaries as a whole. The court would have reached the same decision if exercising its own discretion.

Court Disposition

Application granted; trustee's decision blessed

Orders

  • The trustee's decision to refuse disclosure of trust information to Mrs B is approved and blessed by the court.