Representation of LL [2010] JRC 221 (09 December 2010)

Representation of LL [2010] JRC 221 (09 December 2010)

The trustee's decision to pay the lump sum to the ex-spouse is a proper and reasonable exercise of discretion, made in good faith, reasonably, and without conflict of interest, and is therefore blessed by the court.

Citation
[2010] JRC 221
Parties
Trustee: LL; Member: B; Ex Spouse/death Beneficiary: E
Jurisdiction
Jersey
Judgment Date
09 December 2010
Procedural Posture
Representation (trusts) / Application for Court Blessing of Trustee Decision
Outcome
Application granted; court blesses trustee's decision.
Legal Topics
Exercise of Trustee Discretion, Court Blessing of Trustee Decisions, Pension Trust Payments on Divorce
Trusts Family Law Exercise of Trustee Discretion Court Blessing of Trustee Decisions Pension Trust Payments on Divorce

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Parties

LL

Trustee

B

Member

E

Ex Spouse/death Beneficiary

Procedural Posture

Representation (trusts) / Application for Court Blessing of Trustee Decision

Legal Issues

  1. 1 Whether the trustee's proposed payment to the ex-spouse is a proper exercise of discretion
  2. 2 Whether the court should bless the trustee's decision under Jersey law

Ratio Decidendi

The trustee's decision to pay the lump sum to the ex-spouse is a proper and reasonable exercise of discretion, made in good faith, reasonably, and without conflict of interest, and is therefore blessed by the court.

Court Disposition

Application granted; court blesses trustee's decision.

Orders

  • Trustee to make payment to E as per draft order, subject to agreed amendment.
  • Trustee to pay E's costs on the usual indemnity basis out of the trust assets.