In re B Settlement v [2012] 1 JLR_Note 11 (05 January 2012)

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

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 1 Party arguments 1
Sign in to unlock

Parties

B Settlement

Applicant

Procedural Posture

Trusts Surrender of Discretion / Application for Directions

  1. 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