In re B Settlement v [2012] 1 JLR_Note 11 (05 January 2012)
The court may accept a surrender of discretion by trustees where there is genuine difficulty or conflict preventing proper exercise of discretion.
- Parties
- Applicant: B Settlement
- Jurisdiction
- Jersey
- Judgment Date
- 05 January 2012
- Procedural Posture
- Trusts Surrender of Discretion / Application for Directions
- Outcome
- Application granted
- Legal Topics
- Powers and Duties of Trustees, Surrender of Discretion
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Parties
B Settlement
Applicant
Procedural Posture
Trusts Surrender of Discretion / Application for Directions
Legal Issues
- 1 Whether trustees may surrender their discretion to the court
Ratio Decidendi
The court may accept a surrender of discretion by trustees where there is genuine difficulty or conflict preventing proper exercise of discretion.
Court Disposition
Application granted
Orders
- Court accepted surrender of discretion and provided directions to trustees
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