In the matter of the A Trust [2012] JRC 169A (27 September 2012)

In the matter of the A Trust [2012] JRC 169A (27 September 2012)

The irretrievable breakdown in relations between S and the beneficiaries, largely caused by S's conduct and misconceived view of his role, was seriously detrimental to the execution of the trusts, making his removal as protector necessary for the welfare of the beneficiaries.

Citation
[2012] JRC 169A
Parties
Applicants: Representor Beneficiaries; Protector/respondent: S; Trustee: T
Jurisdiction
Jersey
Judgment Date
27 September 2012
Procedural Posture
Trust Removal Application / Judgment After Trial
Outcome
Protector S removed from office
Legal Topics
Removal of Protector, Fiduciary Duties, Trust Administration
Trusts Equity Removal of Protector Fiduciary Duties Trust Administration

Case Brief

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Parties

Representor Beneficiaries

Applicants

S

Protector/respondent

T

Trustee

Procedural Posture

Trust Removal Application / Judgment After Trial

Legal Issues

  1. 1 Whether S should be removed as protector of the trusts
  2. 2 What is the proper role and duty of a trust protector
  3. 3 Whether the breakdown in relations justifies removal

Ratio Decidendi

The irretrievable breakdown in relations between S and the beneficiaries, largely caused by S's conduct and misconceived view of his role, was seriously detrimental to the execution of the trusts, making his removal as protector necessary for the welfare of the beneficiaries.

Court Disposition

Protector S removed from office

Orders

  • S is removed as protector of both trusts.