In re Bird Charitable Trust v [2008] JLR 1 (28 January 2008)

In re Bird Charitable Trust v [2008] JLR 1 (28 January 2008)

It is not a fraud on power or unlawful to remove control of a trust from a trustee who refuses to make payments under art. 32 without police consent, if the trustee only suspects assets are proceeds of crime. If assets are proved to be proceeds of crime, removing funds from Jersey would likely be an offence under art. 32.

Citation
[2008] JLR 1
Parties
Applicant: Bird Charitable Trust
Jurisdiction
Jersey
Judgment Date
28 January 2008
Procedural Posture
Trust Law Application / Judgment
Outcome
Application allowed in part
Legal Topics
Trust Protector Powers, Fraud on Power, Proceeds of Crime
Trusts Trust Protector Powers Fraud on Power Proceeds of Crime

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Parties

Bird Charitable Trust

Applicant

Procedural Posture

Trust Law Application / Judgment

Legal Issues

  1. 1 Whether it is a fraud on power or unlawful for a trust protector to remove control of a trust from a trustee refusing to make payments under the Proceeds of Crime (Jersey) Law 1999, art. 32, without police consent, when the trustee merely suspects assets are proceeds of crime

Ratio Decidendi

It is not a fraud on power or unlawful to remove control of a trust from a trustee who refuses to make payments under art. 32 without police consent, if the trustee only suspects assets are proceeds of crime. If assets are proved to be proceeds of crime, removing funds from Jersey would likely be an offence under art. 32.

Court Disposition

Application allowed in part