In re A Settlement v [1994] JLR 139 (26 April 1994)

In re A Settlement v [1994] JLR 139 (26 April 1994)

There is no automatic rule requiring joinder of beneficiaries to a trustee's application for directions; joinder is discretionary and depends on the circumstances. Sufficient disclosure must be made to beneficiaries to allow informed submissions, but not to the extent that it breaches the confidentiality of the trustee's discretion exercised in good faith.

Citation
[1994] JLR 139
Parties
Applicant: A Settlement
Jurisdiction
Jersey
Judgment Date
26 April 1994
Procedural Posture
Application for Directions by Trustee / Judgment
Outcome
Application for directions granted with guidance on joinder and disclosure.
Legal Topics
Powers and Duties of Trustees, Joinder of Beneficiaries, Disclosure of Documents, Confidentiality of Trustee Discretion
Trusts Powers and Duties of Trustees Joinder of Beneficiaries Disclosure of Documents Confidentiality of Trustee Discretion

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Parties

A Settlement

Applicant

Procedural Posture

Application for Directions by Trustee / Judgment

Legal Issues

  1. 1 Whether beneficiaries must be joined as parties to a trustee's application for directions
  2. 2 Extent of disclosure required to beneficiaries in trustee applications

Ratio Decidendi

There is no automatic rule requiring joinder of beneficiaries to a trustee's application for directions; joinder is discretionary and depends on the circumstances. Sufficient disclosure must be made to beneficiaries to allow informed submissions, but not to the extent that it breaches the confidentiality of the trustee's discretion exercised in good faith.

Court Disposition

Application for directions granted with guidance on joinder and disclosure.

Orders

  • No automatic joinder of beneficiaries; joinder may be ordered if appropriate.
  • Sufficient disclosure to beneficiaries required for informed submissions, subject to confidentiality of trustee discretion.