Representation of BOS Trustee Limited [2023] JRC 242 (30 November 2023)

Representation of BOS Trustee Limited [2023] JRC 242 (30 November 2023)

The Court declined to accept the Trustee's surrender of discretion as there was no good reason; making difficult decisions is part of a trustee's role, and the Trustee was not disabled by conflict or uncertainty regarding the First Respondent's beneficiary status. The Trustee was directed to make a decision within twenty-one days and disclose reasons to all Respondents. The Trustee was entitled to indemnity for its costs as its application, though rejected, was not pursued unreasonably.

Citation
[2023] JRC 242
Parties
Representor/trustee: BOS Trustee Limited; Beneficiary/settlor's Second Wife: First Respondent; Settlor's Second Daughter by First Marriage: Second Respondent; Grandchild of Settlor by Deceased Son: Third Respondent; Grandchild of Settlor by Deceased Son: Fourth Respondent
Jurisdiction
Jersey
Judgment Date
30 November 2023
Procedural Posture
Representation (trustee Application) / Post Hearing Judgment on Costs and Directions
Outcome
Relief sought by Trustee (surrender of discretion) refused; Trustee directed to make decision within twenty-one days; Trustee entitled to indemnity for costs.
Legal Topics
Surrender of Trustee Discretion, Trustee Costs, Beneficiary Status, Directions to Trustees
Trusts Equity Surrender of Trustee Discretion Trustee Costs Beneficiary Status Directions to Trustees

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 6 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

BOS Trustee Limited

Representor/trustee

First Respondent

Beneficiary/settlor's Second Wife

Second Respondent

Settlor's Second Daughter by First Marriage

Third Respondent

Grandchild of Settlor by Deceased Son

Fourth Respondent

Grandchild of Settlor by Deceased Son

Procedural Posture

Representation (trustee Application) / Post Hearing Judgment on Costs and Directions

Legal Issues

  1. 1 Should the Court accept the Trustee's surrender of discretion?
  2. 2 Should the Trustee make a distribution to the First Respondent?
  3. 3 What directions should be given to the Trustee?

Ratio Decidendi

The Court declined to accept the Trustee's surrender of discretion as there was no good reason; making difficult decisions is part of a trustee's role, and the Trustee was not disabled by conflict or uncertainty regarding the First Respondent's beneficiary status. The Trustee was directed to make a decision within twenty-one days and disclose reasons to all Respondents. The Trustee was entitled to indemnity for its costs as its application, though rejected, was not pursued unreasonably.

Court Disposition

Relief sought by Trustee (surrender of discretion) refused; Trustee directed to make decision within twenty-one days; Trustee entitled to indemnity for costs.

Orders

  • Trustee to make decision on distribution request within twenty-one days and inform Respondents with reasons.
  • Trustee's costs of and incidental to the Representation to be met from the assets of the Trust on the usual indemnity basis.