In the matter of C (Trust) [2013] JRC 158 (06 August 2013)

In the matter of C (Trust) [2013] JRC 158 (06 August 2013)

The Court dismissed the application because WW and XX are not independent of C, and their appointment as trustees of the second and fourth parts would not be fair given the family conflict and their existing roles. The Court found C failed to make full disclosure and was not candid about his involvement and intentions. Only independent trustees, preferably resident in Jersey, will be considered for future appointments.

Citation
[2013] JRC 158
Parties
Representor: C; Respondent: B; Proposed Trustee: WW; Proposed Trustee: XX
Jurisdiction
Jersey
Judgment Date
06 August 2013
Procedural Posture
Representation for Appointment of Trustees / Final Judgment
Outcome
representation dismissed
Legal Topics
Appointment of Trustees, Disclosure Obligations, Conflict of Interest, Trust Administration
Trust Law Family Law Appointment of Trustees Disclosure Obligations Conflict of Interest Trust Administration

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Parties

C

Representor

B

Respondent

WW

Proposed Trustee

XX

Proposed Trustee

Procedural Posture

Representation for Appointment of Trustees / Final Judgment

Legal Issues

  1. 1 Should WW and XX be appointed as trustees of the second and fourth parts of the trust fund?
  2. 2 Has C made full disclosure to the Court?
  3. 3 Is there a conflict of interest in appointing WW and XX as trustees given their connection to C?

Ratio Decidendi

The Court dismissed the application because WW and XX are not independent of C, and their appointment as trustees of the second and fourth parts would not be fair given the family conflict and their existing roles. The Court found C failed to make full disclosure and was not candid about his involvement and intentions. Only independent trustees, preferably resident in Jersey, will be considered for future appointments.

Court Disposition

representation dismissed

Orders

  • WW and XX are not to be appointed as trustees of the second and fourth parts of the trust fund.
  • Any future application must propose independent trustees and ensure B is notified and able to respond.