In the matter of the Y Trust [2014] JRC 207 (28 October 2014)

In the matter of the Y Trust [2014] JRC 207 (28 October 2014)

B is not a notional settlor because she did not knowingly dispose property to the trustees as additions to the trust fund, nor did she intend to make gifts or settlements. Therefore, she is not excluded and remains a beneficiary. Disclosure of trust documents is permitted to the extent previously authorised, but affidavits and exhibits are not to be disclosed absent cogent reasons, preserving the confidentiality of Article 51 proceedings.

Citation
[2014] JRC 207
Parties
Applicant: B; Trustee: E Trust Company Limited; Respondent: D; Interested Party: B'; Interested Party: B²; Interested Party: B³; Interested Party: B Inc.; Interested Party: P Limited; Interested Party: H Investment Holdings Limited; Interested Party: C
Jurisdiction
Jersey
Judgment Date
28 October 2014
Procedural Posture
Trust Administration and Beneficiary Status / Final Judgment
Outcome
B confirmed as beneficiary; limited disclosure authorised; D's representation withdrawn; costs orders made.
Legal Topics
Beneficiary Status, Disclosure of Trust Documents, Notional Settlor, Excluded Class, Supervisory Jurisdiction, Cross Border Matrimonial Proceedings
Trusts Family Law Beneficiary Status Disclosure of Trust Documents Notional Settlor Excluded Class Supervisory Jurisdiction Cross Border Matrimonial Proceedings

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Parties

B

Applicant

E Trust Company Limited

Trustee

D

Respondent

B'

Interested Party

B²

Interested Party

B³

Interested Party

B Inc.

Interested Party

P Limited

Interested Party

H Investment Holdings Limited

Interested Party

C

Interested Party

Procedural Posture

Trust Administration and Beneficiary Status / Final Judgment

Legal Issues

  1. 1 Whether B and her children are beneficiaries of the Y Trust
  2. 2 Whether B is a notional settlor and thus excluded from the class of beneficiaries
  3. 3 Whether disclosure of trust documents should be permitted for foreign matrimonial proceedings

Ratio Decidendi

B is not a notional settlor because she did not knowingly dispose property to the trustees as additions to the trust fund, nor did she intend to make gifts or settlements. Therefore, she is not excluded and remains a beneficiary. Disclosure of trust documents is permitted to the extent previously authorised, but affidavits and exhibits are not to be disclosed absent cogent reasons, preserving the confidentiality of Article 51 proceedings.

Court Disposition

B confirmed as beneficiary; limited disclosure authorised; D's representation withdrawn; costs orders made.

Orders

  • B authorised to disclose this judgment to New York court if necessary.
  • No further order for disclosure of affidavits or exhibits beyond previously authorised documents.