Representation of Oak Trustees (Jersey) Limited re X Trust [2019] JRC 248 (19 December 2019)

Representation of Oak Trustees (Jersey) Limited re X Trust [2019] JRC 248 (19 December 2019)

The Court held that the Trustee should proceed with its application to bless its decision without awaiting the outcome of Country 1 proceedings, as those proceedings do not address or determine the key issues for the Trust, and further delay would adversely affect the administration of the Trust.

Citation
[2019] JRC 248
Parties
Representor: Oak Trustees (Jersey) Limited; First Respondent: A; Second Respondent: B; Third Respondent: C; Fourth Respondent: D
Jurisdiction
Jersey
Judgment Date
19 December 2019
Procedural Posture
Trust Application / Preliminary Issue Judgment
Outcome
Trustee directed to proceed with blessing application
Legal Topics
Trustee Blessing Applications, Beneficiary Disputes, Trust Administration, Foreign Proceedings Impact
Trusts Private Wealth Jersey Law Trustee Blessing Applications Beneficiary Disputes Trust Administration Foreign Proceedings Impact

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Parties

Oak Trustees (Jersey) Limited

Representor

A

First Respondent

B

Second Respondent

C

Third Respondent

D

Fourth Respondent

Procedural Posture

Trust Application / Preliminary Issue Judgment

Legal Issues

  1. 1 Should the Trustee await the outcome of proceedings in Country 1 before proceeding with its application to bless its decision regarding the X Trust?
  2. 2 Are the issues in Country 1 proceedings determinative of the key issues for the Trust in Jersey?

Ratio Decidendi

The Court held that the Trustee should proceed with its application to bless its decision without awaiting the outcome of Country 1 proceedings, as those proceedings do not address or determine the key issues for the Trust, and further delay would adversely affect the administration of the Trust.

Court Disposition

Trustee directed to proceed with blessing application

Orders

  • Trustee to proceed with its application to have its decision blessed