Between v Her Majesty's Attorney General [2021] JRC 303 (06 December 2021)

Between v Her Majesty's Attorney General [2021] JRC 303 (06 December 2021)

The Court held that the proposed variation to allow the trustee to appoint and remove income administrators, including a corporate body, was suitable, expedient, and consistent with the Testator's original intention and the spirit of the gift. The requirements of Article 47A(3) of the Trusts (Jersey) Law 1984 were satisfied, and the variation was approved.

Citation
[2021] JRC 303
Parties
Representor/trustee: Treasurer of the States of the Island of Jersey; Respondent/public Interest: Attorney General
Jurisdiction
Jersey
Judgment Date
06 December 2021
Procedural Posture
Variation of Trusts/charitable Trusts Application / Judgment on Application to Vary Trust Provisions
Outcome
Application granted; variation to trust approved.
Legal Topics
Variation of Trusts, Appointment and Removal of Income Administrators, Charitable and Non Charitable Purpose Trusts, Trustee Powers
Trusts Charities Variation of Trusts Appointment and Removal of Income Administrators Charitable and Non Charitable Purpose Trusts Trustee Powers

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Parties

Treasurer of the States of the Island of Jersey

Representor/trustee

Attorney General

Respondent/public Interest

Procedural Posture

Variation of Trusts/charitable Trusts Application / Judgment on Application to Vary Trust Provisions

Legal Issues

  1. 1 Whether the Court should approve a variation to the Greville Bathe Fund trust to allow the appointment and removal of income administrators, including a corporate body, by the trustee under Article 47A(3) of the Trusts (Jersey) Law 1984.

Ratio Decidendi

The Court held that the proposed variation to allow the trustee to appoint and remove income administrators, including a corporate body, was suitable, expedient, and consistent with the Testator's original intention and the spirit of the gift. The requirements of Article 47A(3) of the Trusts (Jersey) Law 1984 were satisfied, and the variation was approved.

Court Disposition

Application granted; variation to trust approved.

Orders

  • The relevant part of the will establishing the Greville Bathe Fund is varied to permit the trustee to appoint and remove income administrators, including a corporate body, with specified quorum requirements for corporate administrators.