In re B Settlement v [2010] JLR 653 (22 December 2010)

In re B Settlement v [2010] JLR 653 (22 December 2010)

The court's power to order disclosure under art. 51(2)(a)(iii) is limited to persons with a direct and immediate connection to the trust relationship, such as beneficiaries, settlors, protectors, or potential objects of a discretionary trust. The power does not extend to ordering directors of companies indirectly owned by the trust to disclose information for the purposes of trust execution and administration.

Citation
[2010] JLR 653
Parties
Applicant: B Settlement
Jurisdiction
Jersey
Judgment Date
22 December 2010
Procedural Posture
Trusts Disclosure of Information / Judgment
Outcome
Application for disclosure order refused as against director of company indirectly owned by trust.
Legal Topics
Disclosure of Trust Information, Powers of Court, Trustee Beneficiary Relationship
Trusts Law Disclosure of Trust Information Powers of Court Trustee Beneficiary Relationship

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Parties

B Settlement

Applicant

Procedural Posture

Trusts Disclosure of Information / Judgment

Legal Issues

  1. 1 Scope of court's power to order disclosure of trust information under Trusts (Jersey) Law 1984, art. 51(2)(a)(iii)
  2. 2 Definition of 'connection with trust' for the purposes of disclosure orders

Ratio Decidendi

The court's power to order disclosure under art. 51(2)(a)(iii) is limited to persons with a direct and immediate connection to the trust relationship, such as beneficiaries, settlors, protectors, or potential objects of a discretionary trust. The power does not extend to ordering directors of companies indirectly owned by the trust to disclose information for the purposes of trust execution and administration.

Court Disposition

Application for disclosure order refused as against director of company indirectly owned by trust.