In the matter of H [2011] JRC 070 (30 March 2011)

In the matter of H [2011] JRC 070 (30 March 2011)

The widow should be allowed to participate in the main proceedings because, although not the settlor or executor, her long marriage to the settlor and her shareholdings give her an interest materially greater than the public. She is well placed to assist the court regarding the settlor's wishes, and her participation is not outweighed by potential prejudice or the technical nature of some issues. The court prefers the Scottish approach, allowing heirs or those taking under a will to be convened if they can assist as to the settlor's intentions.

Citation
[2011] JRC 070
Parties
Applicant: A; First Respondent: the Sub-trustee; Second Respondent: the Trustee
Jurisdiction
Jersey
Judgment Date
30 March 2011
Procedural Posture
Application to Participate in Trust Proceedings / Interlocutory Application
Outcome
Application granted
Legal Topics
Charitable Trusts, Standing to Participate, Beneficiaries and Interested Persons, Trust Administration, Procedural Fairness
Trusts and Estates Charity Law Charitable Trusts Standing to Participate Beneficiaries and Interested Persons Trust Administration Procedural Fairness

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Parties

A

Applicant

the Sub-trustee

First Respondent

the Trustee

Second Respondent

Procedural Posture

Application to Participate in Trust Proceedings / Interlocutory Application

Legal Issues

  1. 1 Whether the widow of the settlor has sufficient interest to participate in proceedings concerning a charitable trust
  2. 2 Whether participation should be limited or as a full party
  3. 3 What principles govern convening non-beneficiaries in Jersey charitable trust proceedings

Ratio Decidendi

The widow should be allowed to participate in the main proceedings because, although not the settlor or executor, her long marriage to the settlor and her shareholdings give her an interest materially greater than the public. She is well placed to assist the court regarding the settlor's wishes, and her participation is not outweighed by potential prejudice or the technical nature of some issues. The court prefers the Scottish approach, allowing heirs or those taking under a will to be convened if they can assist as to the settlor's intentions.

Court Disposition

Application granted

Orders

  • The widow is convened as a party to the main proceedings.