In the matter of the Bird Trust [2008] JRC 013 (28 January 2008)

In the matter of the Bird Trust [2008] JRC 013 (28 January 2008)

Mr Kaplan had not effectively resigned as protector of the Bird Purpose Trust, so Ghirlandina was not validly appointed as protector and its appointment of Larona and Roenne as additional trustees was invalid. In relation to the Bird Charitable Trust, the document of 6th September was effective as an immediate appointment of Ghirlandina as protector, and Ghirlandina validly appointed Larona and Roenne as additional trustees. There was no evidence that the appointments amounted to a fraud on a power.

Citation
[2008] JRC 013
Parties
Representor: Basel; First Respondent: Ghirlandina; Second Respondent: Larona; Third Respondent: Roenne; Fourth Respondent: Mr Kaplan
Jurisdiction
Jersey
Judgment Date
28 January 2008
Procedural Posture
Application for Directions / Judgment
Outcome
Partially allowed
Legal Topics
Appointment of Protector, Appointment of Trustees, Fraud on a Power, Resignation of Protector, Validity of Trust Appointments
Trust Law Private International Law Criminal Law Appointment of Protector Appointment of Trustees Fraud on a Power Resignation of Protector Validity of Trust Appointments

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Parties

Basel

Representor

Ghirlandina

First Respondent

Larona

Second Respondent

Roenne

Third Respondent

Mr Kaplan

Fourth Respondent

Procedural Posture

Application for Directions / Judgment

Legal Issues

  1. 1 Whether Ghirlandina was validly appointed as protector of the Bird Charitable Trust and Bird Purpose Trust
  2. 2 Whether Larona and Roenne were validly appointed as additional trustees of both trusts
  3. 3 Whether the appointments amounted to a fraud on a power

Ratio Decidendi

Mr Kaplan had not effectively resigned as protector of the Bird Purpose Trust, so Ghirlandina was not validly appointed as protector and its appointment of Larona and Roenne as additional trustees was invalid. In relation to the Bird Charitable Trust, the document of 6th September was effective as an immediate appointment of Ghirlandina as protector, and Ghirlandina validly appointed Larona and Roenne as additional trustees. There was no evidence that the appointments amounted to a fraud on a power.

Court Disposition

Partially allowed

Orders

  • Mr Kaplan remains protector and Basel sole trustee of the Bird Purpose Trust; appointments of Ghirlandina, Larona, and Roenne in respect of the Purpose Trust are invalid.
  • Ghirlandina validly appointed as protector of the Bird Charitable Trust; Larona and Roenne validly appointed as additional trustees of the Charitable Trust.