Representation of Ansbacher Trustees [2009] JRC 025A (13 February 2009)

Representation of Ansbacher Trustees [2009] JRC 025A (13 February 2009)

The trustee is authorized to appoint trust assets to principal beneficiaries to resolve the family dispute, as further adjournment or mediation would only prolong uncertainty and increase costs; the settlement deed is not binding without unanimous consent.

Citation
[2009] JRC 025A
Parties
Trustee: Ansbacher Trustees (Jersey) Limited; Principal Beneficiary: Mr Shirish Suchak; Principal Beneficiary: Mr Madhu Suchak; Principal Beneficiary/settlor: Mr Suryakant Suchak; Beneficiaries: Minor and unborn beneficiaries
Jurisdiction
Jersey
Judgment Date
13 February 2009
Procedural Posture
Trust Administration Dispute / Final Judgment on Trustee's Application for Directions
Outcome
Application granted; trustee authorized to appoint assets as per its discretion.
Legal Topics
Trustee Discretion, Family Settlement, Adjournment, Mediation, Appointment of Trust Assets
Trusts Family Law Trustee Discretion Family Settlement Adjournment Mediation Appointment of Trust Assets

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 3 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Ansbacher Trustees (Jersey) Limited

Trustee

Mr Shirish Suchak

Principal Beneficiary

Mr Madhu Suchak

Principal Beneficiary

Mr Suryakant Suchak

Principal Beneficiary/settlor

Minor and unborn beneficiaries

Beneficiaries

Procedural Posture

Trust Administration Dispute / Final Judgment on Trustee's Application for Directions

Legal Issues

  1. 1 Whether the trustee should appoint trust assets to principal beneficiaries
  2. 2 Whether further adjournment or mediation should be granted
  3. 3 Whether the settlement deed is binding without unanimous beneficiary consent

Ratio Decidendi

The trustee is authorized to appoint trust assets to principal beneficiaries to resolve the family dispute, as further adjournment or mediation would only prolong uncertainty and increase costs; the settlement deed is not binding without unanimous consent.

Court Disposition

Application granted; trustee authorized to appoint assets as per its discretion.

Orders

  • Draft Act of Court approved with amendment to include First to Fifth Respondents.
  • Trustee to exercise discretion regarding Air India claim held by Chalais Holdings (Canada) Limited.