Representation of V Trustees Limited re N Trust (Royal Court : Costs (Civil) : Trust) [2025] JRC 208 (7 August 2025)

Representation of V Trustees Limited re N Trust (Royal Court : Costs (Civil) : Trust) [2025] JRC 208 (7 August 2025)

The Trustee's conduct was unreasonable in failing to consult beneficiaries, provide discovery, and follow legal advice, warranting deprivation of half its costs out of the Trust; however, not all arguments of Advocate Jordan and W succeeded, so their costs should be paid from the Trust fund, not personally by the Trustee.

Citation
[2025] JRC 208
Parties
Trustee: V Trustees Limited; Guardian Ad Litem: Advocate Jordan; Beneficiary: W; Beneficiary: Mr A; Beneficiary: Mr D; Beneficiary: Mrs C; Beneficiary: BB
Jurisdiction
Jersey
Judgment Date
07 August 2025
Procedural Posture
Trust Administration / Post Substantive Judgment; Costs Determination
Legal Topics
Trustee Indemnity, Costs Orders, Fiduciary Duties, Beneficiary Representation
Trusts Equity Trustee Indemnity Costs Orders Fiduciary Duties Beneficiary Representation

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Parties

V Trustees Limited

Trustee

Advocate Jordan

Guardian Ad Litem

W

Beneficiary

Mr A

Beneficiary

Mr D

Beneficiary

Mrs C

Beneficiary

BB

Beneficiary

Procedural Posture

Trust Administration / Post Substantive Judgment; Costs Determination

Legal Issues

  1. 1 Should the Trustee recover its costs out of the N Trust?
  2. 2 Should the Trustee pay the costs of Advocate Jordan and W personally?
  3. 3 What proportion of costs should be recoverable given Trustee conduct?

Ratio Decidendi

The Trustee's conduct was unreasonable in failing to consult beneficiaries, provide discovery, and follow legal advice, warranting deprivation of half its costs out of the Trust; however, not all arguments of Advocate Jordan and W succeeded, so their costs should be paid from the Trust fund, not personally by the Trustee.