Representation of Y [2010] JRC 154 (24 August 2010)

Representation of Y [2010] JRC 154 (24 August 2010)

Appointment of Herald as trustee was in the interests of all beneficiaries and urgent; no need for separate representation of the issue; confidential correspondence need not be disclosed as it was irrelevant to the appointment and maintaining confidentiality serves the interests of all beneficiaries.

Citation
[2010] JRC 154
Parties
Representor/liquidator: Y; Former Trustee: Centurion Trust Company Limited; New Trustee: Herald Trust Company Limited; Beneficiaries: L beneficiaries; Beneficiaries: M beneficiaries
Jurisdiction
Jersey
Judgment Date
24 August 2010
Procedural Posture
Trustee Appointment Application / Judgment
Outcome
application granted
Legal Topics
Appointment of Trustee, Confidentiality of Trust Communications, Representation of Beneficiaries, Disclosure of Information
Trust Law Company Law Appointment of Trustee Confidentiality of Trust Communications Representation of Beneficiaries Disclosure of Information

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2
Sign in to unlock

Parties

Y

Representor/liquidator

Centurion Trust Company Limited

Former Trustee

Herald Trust Company Limited

New Trustee

L beneficiaries

Beneficiaries

M beneficiaries

Beneficiaries

Procedural Posture

Trustee Appointment Application / Judgment

Legal Issues

  1. 1 Whether Herald Trust Company Limited should be appointed as new trustee of the Q Trust
  2. 2 Whether the issue of the L grandchildren required separate representation
  3. 3 Whether confidential correspondence between Y and the M beneficiaries should be disclosed to the L beneficiaries

Ratio Decidendi

Appointment of Herald as trustee was in the interests of all beneficiaries and urgent; no need for separate representation of the issue; confidential correspondence need not be disclosed as it was irrelevant to the appointment and maintaining confidentiality serves the interests of all beneficiaries.

Court Disposition

application granted

Orders

  • Herald Trust Company Limited appointed as new trustee of the Q Trust
  • Confidential correspondence between Y and M beneficiaries not disclosed to L beneficiaries