Representation of Curance Limited (Royal Court : Hearing (Civil) : MacRae : Trust) [2026] JRC 005 (6 January 2026)

Representation of Curance Limited (Royal Court : Hearing (Civil) : MacRae : Trust) [2026] JRC 005 (6 January 2026)

The proposed variation is for the benefit of the relevant class of beneficiaries, is fit and proper, and is supported by those able to consent. The exclusion of German charities was not intentional and the variation aligns with the purpose of the Trusts.

Citation
[2026] JRC 005
Parties
Representor: [Redacted] Trustee (Jersey limited company); Settlor: B; Beneficiary: Stiftung Auxilium; Beneficiary Representative: Attorney General; Protector: Protector (Luxembourg company); Proposed Beneficiary: German Charity
Jurisdiction
Jersey
Judgment Date
06 January 2026
Procedural Posture
Trust Variation Application / Final Judgment
Outcome
Application granted
Legal Topics
Variation of Trust Terms, Excluded Persons, Beneficiary Class, Court Approval of Trust Transactions
Trusts Charity Law Variation of Trust Terms Excluded Persons Beneficiary Class Court Approval of Trust Transactions

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Parties

[Redacted] Trustee (Jersey limited company)

Representor

B

Settlor

Stiftung Auxilium

Beneficiary

Attorney General

Beneficiary Representative

Protector (Luxembourg company)

Protector

German Charity

Proposed Beneficiary

Procedural Posture

Trust Variation Application / Final Judgment

Legal Issues

  1. 1 Whether the Court should approve variation of the Trusts to permit appointment of assets to a German charity previously excluded by residency provisions
  2. 2 Whether the variation benefits the class of beneficiaries on whose behalf the Court is asked to consent

Ratio Decidendi

The proposed variation is for the benefit of the relevant class of beneficiaries, is fit and proper, and is supported by those able to consent. The exclusion of German charities was not intentional and the variation aligns with the purpose of the Trusts.

Court Disposition

Application granted

Orders

  • Court approves variation of the Trusts to permit appointment of assets to the German Charity.
  • Clause 2.6(iv) of the Trusts is deleted and replaced to allow German charities to benefit.