In re Internine Trust v [2004] JLR 325 (10 September 2004)

In re Internine Trust v [2004] JLR 325 (10 September 2004)

Disclosure of trust documents to an applicant whose status as beneficiary is uncertain should generally be deferred unless there are exceptional circumstances, such as the applicant having previously been an uncontested beneficiary or where refusal would unduly restrict the court's supervisory powers.

Citation
[2004] JLR 325
Parties
Applicant: Applicant (unnamed); Respondent: Internine Trust
Jurisdiction
Jersey
Judgment Date
10 September 2004
Procedural Posture
Trust Application / Interlocutory
Outcome
Application for disclosure deferred
Legal Topics
Disclosure of Trust Documents, Beneficiary Rights, Court's Discretionary Powers
Trust Law Disclosure of Trust Documents Beneficiary Rights Court's Discretionary Powers

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Parties

Applicant (unnamed)

Applicant

Internine Trust

Respondent

Procedural Posture

Trust Application / Interlocutory

Legal Issues

  1. 1 Whether the court should order disclosure of trust information to an applicant whose status as beneficiary is uncertain.

Ratio Decidendi

Disclosure of trust documents to an applicant whose status as beneficiary is uncertain should generally be deferred unless there are exceptional circumstances, such as the applicant having previously been an uncontested beneficiary or where refusal would unduly restrict the court's supervisory powers.

Court Disposition

Application for disclosure deferred

Orders

  • Disclosure of trust documents deferred pending determination of applicant's beneficiary status