In re B Settlement v [2011] JLR 236 (01 June 2011)

In re B Settlement v [2011] JLR 236 (01 June 2011)

The court affirmed a strong presumption in favour of disclosure of trust documents to beneficiaries but retained overriding discretion to withhold disclosure if it serves the best interests of all beneficiaries, considering context, capacity, relevance, purpose, specificity, third-party interests, and whether the request is pre-action discovery.

Citation
[2011] JLR 236
Parties
Applicant: B Settlement
Jurisdiction
Jersey
Judgment Date
01 June 2011
Procedural Posture
Trust Application / Judgment
Outcome
Application for disclosure considered; court retains discretion.
Legal Topics
Disclosure of Trust Documents, Trustee Duties, Beneficiary Rights
Trust Law Disclosure of Trust Documents Trustee Duties Beneficiary Rights

Case Brief

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Parties

B Settlement

Applicant

Procedural Posture

Trust Application / Judgment

Legal Issues

  1. 1 Whether trustees must disclose trust documents to beneficiaries
  2. 2 Court's discretion to withhold disclosure

Ratio Decidendi

The court affirmed a strong presumption in favour of disclosure of trust documents to beneficiaries but retained overriding discretion to withhold disclosure if it serves the best interests of all beneficiaries, considering context, capacity, relevance, purpose, specificity, third-party interests, and whether the request is pre-action discovery.

Court Disposition

Application for disclosure considered; court retains discretion.

Orders

  • Court to consider context, capacity, relevance, purpose, specificity, third-party interests, and pre-action discovery in disclosure applications.