Representation of B Trustee Limited re the A Settlement (Royal Court : Hearing (Civil) : Binnington : Trust) [2026] JRC 082 (25 March 2026)

Representation of B Trustee Limited re the A Settlement (Royal Court : Hearing (Civil) : Binnington : Trust) [2026] JRC 082 (25 March 2026)

The trustee's decision to implement the proposed restructuring was formed in good faith, was one a reasonable trustee could have reached, all relevant matters were considered, no irrelevant matters were considered, and there was no actual or potential conflict of interest. The Court blessed the trustee's decision.

Citation
[2026] JRC 082
Parties
Applicant: A Settlement Trustee; Principal Beneficiary / First Respondent: XY; Second Respondent / Beneficiary: CY; Third Respondent / Beneficiary: DY; Guardian Ad Litem / Fourth Respondent: Advocate Nigel Sanders
Jurisdiction
Jersey
Judgment Date
25 March 2026
Procedural Posture
Representation (blessing Application) / Final Hearing and Judgment
Outcome
Court blessed the trustee's decision to implement the proposed restructuring.
Legal Topics
Trust Restructuring, Court Blessing of Trustee Decisions, Momentous Trustee Decisions, Beneficiary Protection, Postnuptial Arrangements
Trusts Private Client Family Law Trust Restructuring Court Blessing of Trustee Decisions Momentous Trustee Decisions Beneficiary Protection Postnuptial Arrangements

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Parties

A Settlement Trustee

Applicant

XY

Principal Beneficiary / First Respondent

CY

Second Respondent / Beneficiary

DY

Third Respondent / Beneficiary

Advocate Nigel Sanders

Guardian Ad Litem / Fourth Respondent

Procedural Posture

Representation (blessing Application) / Final Hearing and Judgment

Legal Issues

  1. 1 Whether the trustee's decision to restructure the trust and create a sub-fund for the benefit of XY's spouse should be blessed by the Court
  2. 2 Whether the trustee acted in good faith, considered all relevant matters, and avoided conflicts of interest

Ratio Decidendi

The trustee's decision to implement the proposed restructuring was formed in good faith, was one a reasonable trustee could have reached, all relevant matters were considered, no irrelevant matters were considered, and there was no actual or potential conflict of interest. The Court blessed the trustee's decision.

Court Disposition

Court blessed the trustee's decision to implement the proposed restructuring.

Orders

  • Trustee is authorised to implement the proposed restructuring, including creation and funding of the sub-fund for XY's spouse.
  • Trustee may approve and execute all necessary documents to give effect to the restructuring.