In re B Trust v [2006] JLR 562 (08 December 2006)

In re B Trust v [2006] JLR 562 (08 December 2006)

The Jersey court may give effect to a variation of trust ordered in foreign matrimonial proceedings if it is in the best interests of all beneficiaries, applying art. 51 of the Trusts (Jersey) Law 1984 and principles of comity.

Citation
[2006] JLR 562
Parties
Trust: B Trust
Jurisdiction
Jersey
Judgment Date
08 December 2006
Procedural Posture
Trust Variation Application / Judgment
Outcome
Application granted
Legal Topics
Variation of Trusts, Enforcement of Foreign Orders, Comity, Financial Provision in Matrimonial Proceedings
Trusts Family Law Variation of Trusts Enforcement of Foreign Orders Comity Financial Provision in Matrimonial Proceedings

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Parties

B Trust

Trust

Procedural Posture

Trust Variation Application / Judgment

Legal Issues

  1. 1 Whether the Jersey court should give effect to a variation of trust ordered in foreign matrimonial proceedings
  2. 2 How the Trusts (Jersey) Law 1984, art. 51 applies to enforcement of foreign orders

Ratio Decidendi

The Jersey court may give effect to a variation of trust ordered in foreign matrimonial proceedings if it is in the best interests of all beneficiaries, applying art. 51 of the Trusts (Jersey) Law 1984 and principles of comity.

Court Disposition

Application granted

Orders

  • Variation of trust as ordered by the foreign matrimonial court is given effect in Jersey.