Representation of A Trust Limited [2018] JRC 021 (25 January 2018)

Representation of A Trust Limited [2018] JRC 021 (25 January 2018)

The court ratified the Representor's actions as trustee de son tort, approved its remuneration on standard terms, excused it from liability for any breach of trust arising from defective appointment, and approved the variation of the Number 2 C Trust to allow early termination and distribution to adult beneficiaries, with a fund set aside for minor and unborn beneficiaries, as these arrangements were for the benefit of all beneficiaries and in accordance with the settlor's intentions.

Citation
[2018] JRC 021
Parties
Representor/applicant: A Trust Limited; Adult Beneficiary: D (settlor's widow); Adult Beneficiary: E (settlor's son); Adult Beneficiary: F (settlor's son); Adult Beneficiary: G (settlor's son); Adult Beneficiary: H (settlor's stepson); Adult Beneficiary: I (settlor's stepson); Minor Beneficiaries: Minor beneficiaries; Unborn Beneficiaries: Unborn beneficiaries
Jurisdiction
Jersey
Judgment Date
25 January 2018
Procedural Posture
Representation (trusts) / Final Judgment on Application for Ratification, Remuneration, and Variation of Trust
Outcome
Application granted in full.
Legal Topics
Ratification of Trustee Actions, Trustee Remuneration, Variation of Trusts, Trustee De Son Tort, Beneficiary Interests
Trusts and Estates Private International Law Ratification of Trustee Actions Trustee Remuneration Variation of Trusts Trustee De Son Tort Beneficiary Interests

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Parties

A Trust Limited

Representor/applicant

D (settlor's widow)

Adult Beneficiary

E (settlor's son)

Adult Beneficiary

F (settlor's son)

Adult Beneficiary

G (settlor's son)

Adult Beneficiary

H (settlor's stepson)

Adult Beneficiary

I (settlor's stepson)

Adult Beneficiary

Minor beneficiaries

Minor Beneficiaries

Unborn beneficiaries

Unborn Beneficiaries

Procedural Posture

Representation (trusts) / Final Judgment on Application for Ratification, Remuneration, and Variation of Trust

Legal Issues

  1. 1 Whether the court should ratify and confirm actions taken by the Representor during its period as trustee de son tort
  2. 2 Whether the Representor is entitled to remuneration for its services during the period of invalid appointment
  3. 3 Whether the Representor should be excused for any breach of trust arising from defective appointment

Ratio Decidendi

The court ratified the Representor's actions as trustee de son tort, approved its remuneration on standard terms, excused it from liability for any breach of trust arising from defective appointment, and approved the variation of the Number 2 C Trust to allow early termination and distribution to adult beneficiaries, with a fund set aside for minor and unborn beneficiaries, as these arrangements were for the benefit of all beneficiaries and in accordance with the settlor's intentions.

Court Disposition

Application granted in full.

Orders

  • Ratification and confirmation of Representor's actions as trustee de son tort from 2005 to 2017 (or until valid appointment).
  • Representor entitled to remuneration on standard terms for the relevant period and until termination.