Representation of Equiom Trust (CI) Limited re Estate of the late Constantin Mattas [2024] JRC 068 (01 March 2024)

Representation of Equiom Trust (CI) Limited re Estate of the late Constantin Mattas [2024] JRC 068 (01 March 2024)

The bequest in clause 11(vi)-(vii) of the will creates a trust, not an outright gift, as the intention was to impose binding obligations on the Greek Government to use the funds for the specified educational purposes. However, the trust is invalid as a non-charitable trust due to lack of certainty of beneficiaries: the terms 'intelligent', 'promising', and 'young' are too vague to define a class with sufficient certainty. Even if considered an executory trust, the lack of certainty as to the class of beneficiaries is fatal. The trust would also be void for indefinite duration if not charitable, as Jersey law follows English law in this respect. The trust is not a valid charitable trust...

Citation
[2024] JRC 068
Parties
Representor: Lloyds Bank Trust Company (Channel Islands) Limited; Respondent: Attorney General; Beneficiary/party: Jean-Pierre Mattas; Beneficiary/party: Philippe Mattas; Respondent: Greek Government
Jurisdiction
Jersey
Judgment Date
01 March 2024
Procedural Posture
Probate/trust / Judgment on Validity of Testamentary Trust/bequest
Outcome
Trust declared invalid as a non-charitable trust; intestacy arises as to the residuary estate after the death of the nephews.
Legal Topics
Certainty of Beneficiaries, Rule Against Perpetuities, Charitable Trusts, Construction of Wills, Sovereign Immunity, Executory Trusts
Trusts and Estates Charity Law Private International Law Certainty of Beneficiaries Rule Against Perpetuities Charitable Trusts Construction of Wills Sovereign Immunity +1 more

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Parties

Lloyds Bank Trust Company (Channel Islands) Limited

Representor

Attorney General

Respondent

Jean-Pierre Mattas

Beneficiary/party

Philippe Mattas

Beneficiary/party

Greek Government

Respondent

Procedural Posture

Probate/trust / Judgment on Validity of Testamentary Trust/bequest

Legal Issues

  1. 1 Whether the bequest in clause 11(vi)-(vii) of the will creates a trust or an outright gift
  2. 2 Whether the trust is valid as a non-charitable trust (certainty of beneficiaries, duration, administrative workability, state immunity)
  3. 3 Whether the trust is a valid charitable trust

Ratio Decidendi

The bequest in clause 11(vi)-(vii) of the will creates a trust, not an outright gift, as the intention was to impose binding obligations on the Greek Government to use the funds for the specified educational purposes. However, the trust is invalid as a non-charitable trust due to lack of certainty of beneficiaries: the terms 'intelligent', 'promising', and 'young' are too vague to define a class with sufficient certainty. Even if considered an executory trust, the lack of certainty as to the class of beneficiaries is fatal. The trust would also be void for indefinite duration if not charitable, as Jersey law follows English law in this respect. The trust is not a valid charitable trust...

Court Disposition

Trust declared invalid as a non-charitable trust; intestacy arises as to the residuary estate after the death of the nephews.

Orders

  • The bequest in clause 11(vi)-(vii) is declared invalid for lack of certainty of beneficiaries and indefinite duration.
  • The residuary estate after the death of the nephews is to be distributed as on intestacy.