In the matter of the RR Settlement [2011] JRC 141A (20 July 2011)

In the matter of the RR Settlement [2011] JRC 141A (20 July 2011)

The Trustees' decision to appoint the trust fund to O Trust, assuming it is a valid charitable beneficiary, is one a reasonable trustee could have reached; the court sanctions the proposed action as lawful, rational, and not vitiated by conflict.

Citation
[2011] JRC 141A
Parties
Applicant: A Trustees Limited; Intended Beneficiary: O Trust; Beneficiary: D Foundation
Jurisdiction
Jersey
Judgment Date
20 July 2011
Procedural Posture
Trust Application / Application for Court Sanction
Outcome
application granted
Legal Topics
Court Sanction of Trustee Decisions, Addition of Beneficiaries, Charitable Status Determination, Protector Powers
Trusts Charity Law Court Sanction of Trustee Decisions Addition of Beneficiaries Charitable Status Determination Protector Powers

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Parties

A Trustees Limited

Applicant

O Trust

Intended Beneficiary

D Foundation

Beneficiary

Procedural Posture

Trust Application / Application for Court Sanction

Legal Issues

  1. 1 Whether the Trustees' proposed appointment of the trust fund to O Trust is lawful and within their powers
  2. 2 Whether O Trust is a valid charitable beneficiary under the RR Settlement
  3. 3 Whether Trustees acted reasonably and without conflict of interest

Ratio Decidendi

The Trustees' decision to appoint the trust fund to O Trust, assuming it is a valid charitable beneficiary, is one a reasonable trustee could have reached; the court sanctions the proposed action as lawful, rational, and not vitiated by conflict.

Court Disposition

application granted

Orders

  • Court sanctions and blesses the Trustees' proposed appointment of the entire trust fund to O Trust, subject to Trustees verifying O Trust's charitable status.