Representation of the B Settlement [2016] JRC 092 (06 May 2016)

Representation of the B Settlement [2016] JRC 092 (06 May 2016)

Clause 3.1 gives Trustees power to add beneficiaries at any time during the Trust Period; the qualification requiring the Principal Beneficiary's consent applies only during his lifetime. After his death, the power becomes unfettered.

Citation
[2016] JRC 092
Parties
Trustee: C; Trustee: D; Trustee: E; Principal Beneficiary (deceased): A
Jurisdiction
Jersey
Judgment Date
06 May 2016
Procedural Posture
Representation / Interpretation of Trust Deed
Outcome
Trustees retain power to appoint beneficiaries under Clause 3.1; 2015 Representation adjourned sine die.
Legal Topics
Interpretation of Trust Deed, Addition of Beneficiaries, Trustee Powers
Trusts Private Client Interpretation of Trust Deed Addition of Beneficiaries Trustee Powers

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Parties

C

Trustee

D

Trustee

E

Trustee

A

Principal Beneficiary (deceased)

Procedural Posture

Representation / Interpretation of Trust Deed

Legal Issues

  1. 1 Whether Clause 3.1 of the Declaration of Trust confers power to add beneficiaries after the death of the Principal Beneficiary

Ratio Decidendi

Clause 3.1 gives Trustees power to add beneficiaries at any time during the Trust Period; the qualification requiring the Principal Beneficiary's consent applies only during his lifetime. After his death, the power becomes unfettered.

Court Disposition

Trustees retain power to appoint beneficiaries under Clause 3.1; 2015 Representation adjourned sine die.

Orders

  • Trustees retain power to appoint beneficiaries under Clause 3.1 of the Declaration of Trust.
  • 2015 Representation adjourned sine die pending discussion with current beneficiaries over costs.