In re Bird Charitable Trust v [2012] 1 JLR 62 (05 January 2012)

Retiring trustees are required to cooperate fully and actively with new trustees by providing all relevant documents and information unless the former trustee can demonstrate why specific documents should not be disclosed; the Royal Court retains discretion to intervene and direct non-disclosure where appropriate.

Citation: [2012] 1 JLR 62
Parties: Applicant: Bird Charitable Trust; Respondent: Former Trustee; Respondent: New Trustee
Jurisdiction: Jersey
Judgment Date: 05 January 2012
Procedural Posture: Trusts / Application for Directions
Outcome: Application granted with directions
Legal Topics: Retirement of Trustees, Duties of Retiring Trustees, Disclosure of Trust Documents

Trusts Retirement of Trustees Duties of Retiring Trustees Disclosure of Trust Documents

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 3 Party arguments 2

Parties

Bird Charitable Trust

Applicant

Former Trustee

Respondent

New Trustee

Respondent

Procedural Posture

Trusts / Application for Directions

Legal Issues

1 What are the duties of retiring trustees regarding cooperation and disclosure to new trustees?
2 Does the Royal Court have discretion to direct that specific documents or information not be disclosed to the new trustee?

Ratio Decidendi

Court Disposition

Application granted with directions

Orders

Retiring trustee to provide all trust documents and correspondence to new trustee
Retiring trustee to answer reasonable questions from new trustee