In re A Trust v [2012] 2 JLR 253 (27 September 2012)

In re A Trust v [2012] 2 JLR 253 (27 September 2012)

The court may remove a trust protector if their continuation in office is detrimental to the execution of the trust, particularly where there is an irretrievable breakdown in the relationship between the protector and beneficiaries to the detriment of the trust.

Citation
[2012] 2 JLR 253
Parties
Applicant: A Trust; Respondent: Trust Protector
Jurisdiction
Jersey
Judgment Date
27 September 2012
Procedural Posture
Trusts / Removal Application
Outcome
Trust protector removed
Legal Topics
Removal of Trust Protector, Court's Jurisdiction in Trust Matters
Trusts Removal of Trust Protector Court's Jurisdiction in Trust Matters

Case Brief

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Parties

A Trust

Applicant

Trust Protector

Respondent

Procedural Posture

Trusts / Removal Application

Legal Issues

  1. 1 Whether the court should remove the trust protector
  2. 2 Whether continuation in office is detrimental to the execution of the trust

Ratio Decidendi

The court may remove a trust protector if their continuation in office is detrimental to the execution of the trust, particularly where there is an irretrievable breakdown in the relationship between the protector and beneficiaries to the detriment of the trust.

Court Disposition

Trust protector removed

Orders

  • Trust protector is removed from office