Representation of Lincoln Trust [2007] JRC 138 (17 July 2007)

Representation of Lincoln Trust [2007] JRC 138 (17 July 2007)

The Court approved the distribution of £200,000 from the A Trust for the purpose of mediation in the English matrimonial proceedings, finding this to be in the interests of the beneficiaries and the only viable proposal on the information provided. The Court declined to approve further participation in the English proceedings as Lincoln had already submitted to that jurisdiction. The Court criticised the trustee for inadequate disclosure and warned that future applications must be supported by full information and expert evidence.

Citation
[2007] JRC 138
Parties
Applicant/trustee: Lincoln Trust Company (Jersey) Limited; Settlor/respondent in English Proceedings: C; Spouse/applicant in English Proceedings: D
Jurisdiction
Jersey
Judgment Date
17 July 2007
Procedural Posture
Trustee Application for Directions / Judgment on Application for Directions Under Article 51 of the Trusts (jersey) Law
Outcome
Application partially granted
Legal Topics
Trustee Powers and Duties, Disclosure Obligations, Submission to Foreign Jurisdiction, Ancillary Relief in Matrimonial Proceedings, Judicial Encouragement, Distribution of Trust Assets
Trusts and Estates Family Law Private International Law Trustee Powers and Duties Disclosure Obligations Submission to Foreign Jurisdiction Ancillary Relief in Matrimonial Proceedings Judicial Encouragement +1 more

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Parties

Lincoln Trust Company (Jersey) Limited

Applicant/trustee

C

Settlor/respondent in English Proceedings

D

Spouse/applicant in English Proceedings

Procedural Posture

Trustee Application for Directions / Judgment on Application for Directions Under Article 51 of the Trusts (jersey) Law

Legal Issues

  1. 1 Whether the trustee should be authorised to distribute £200,000 from the A Trust for mediation in English matrimonial proceedings
  2. 2 Whether the trustee should be authorised to participate in English proceedings
  3. 3 Whether the trustee has complied with its disclosure obligations to the Jersey Court

Ratio Decidendi

The Court approved the distribution of £200,000 from the A Trust for the purpose of mediation in the English matrimonial proceedings, finding this to be in the interests of the beneficiaries and the only viable proposal on the information provided. The Court declined to approve further participation in the English proceedings as Lincoln had already submitted to that jurisdiction. The Court criticised the trustee for inadequate disclosure and warned that future applications must be supported by full information and expert evidence.

Court Disposition

Application partially granted

Orders

  • Approval for distribution of £200,000 from the A Trust for mediation purposes granted
  • No order made approving participation in English proceedings as trustee has already submitted to jurisdiction