In re H Trust v [2006] JLR 280 (12 April 2006)

In re H Trust v [2006] JLR 280 (12 April 2006)

A Jersey trustee should not generally submit to the jurisdiction of a foreign court in matrimonial proceedings involving beneficiaries, as it may not be in the interests of all beneficiaries. If the trustee does submit, the foreign order is automatically enforceable in Jersey. If not, the order is not binding but may be considered by the Jersey court.

Citation
[2006] JLR 280
Parties
Trustee: H Trust
Jurisdiction
Jersey
Judgment Date
12 April 2006
Procedural Posture
Trust Application / Interlocutory
Outcome
Guidance provided; no final order on merits.
Legal Topics
Trustee Powers, Submission to Foreign Court, Enforcement of Foreign Orders, Matrimonial Proceedings
Trusts Private International Law Trustee Powers Submission to Foreign Court Enforcement of Foreign Orders Matrimonial Proceedings

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Parties

H Trust

Trustee

Procedural Posture

Trust Application / Interlocutory

Legal Issues

  1. 1 Whether a Jersey trustee should submit to the jurisdiction of a foreign court in matrimonial proceedings involving beneficiaries
  2. 2 Effect of a foreign court order on Jersey trust assets

Ratio Decidendi

A Jersey trustee should not generally submit to the jurisdiction of a foreign court in matrimonial proceedings involving beneficiaries, as it may not be in the interests of all beneficiaries. If the trustee does submit, the foreign order is automatically enforceable in Jersey. If not, the order is not binding but may be considered by the Jersey court.

Court Disposition

Guidance provided; no final order on merits.

Orders

  • Trustee advised not to submit to foreign court unless clearly in interests of all beneficiaries.