Representation of WW and XX (Trust) [2013] JRC 070 (11 April 2013)

Representation of WW and XX (Trust) [2013] JRC 070 (11 April 2013)

The relevant trust documents were invalid as they were executed at a later date than stated, the protector was not validly appointed at the time, and the beneficiary was not validly added. All subsequent transactions based on these appointments were therefore invalid.

Citation
[2013] JRC 070
Parties
Applicant/settlor: C; Trustees (applicants): Representors; Trustee of E Family and Charitable Foundation: First Respondent; Beneficiary/protector: Second Respondent; Purported Protector: Third Respondent (K); Advisor/deceased: Fourth Respondent; Purported Beneficiary: Fifth Respondent (M); Related Party/son of Fourth Respondent: Sixth Respondent (N)
Jurisdiction
Jersey
Judgment Date
11 April 2013
Procedural Posture
Trust Law Application / Final Judgment on Validity of Trust Documents
Outcome
Declarations granted; restriction on trustee powers revoked.
Legal Topics
Validity of Trust Appointments, Backdating of Trust Documents, Beneficiary Appointment, Protector Appointment, Trustee Powers
Trust Law Validity of Trust Appointments Backdating of Trust Documents Beneficiary Appointment Protector Appointment Trustee Powers

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Parties

C

Applicant/settlor

Representors

Trustees (applicants)

First Respondent

Trustee of E Family and Charitable Foundation

Second Respondent

Beneficiary/protector

Third Respondent (K)

Purported Protector

Fourth Respondent

Advisor/deceased

Fifth Respondent (M)

Purported Beneficiary

Sixth Respondent (N)

Related Party/son of Fourth Respondent

Procedural Posture

Trust Law Application / Final Judgment on Validity of Trust Documents

Legal Issues

  1. 1 Whether the appointment of a new protector was valid
  2. 2 Whether the addition of a beneficiary was valid
  3. 3 Whether subsequent transactions based on those appointments were valid

Ratio Decidendi

The relevant trust documents were invalid as they were executed at a later date than stated, the protector was not validly appointed at the time, and the beneficiary was not validly added. All subsequent transactions based on these appointments were therefore invalid.

Court Disposition

Declarations granted; restriction on trustee powers revoked.

Orders

  • Declaration that the deed of appointment of new protector dated 15 August 1984 is invalid.
  • Declaration that the declaration of additional beneficiary dated 15 August 1984 is invalid.