Harper -v- Apex Trust Company Limited [2014] JRC 253 (18 December 2014)

Harper -v- Apex Trust Company Limited [2014] JRC 253 (18 December 2014)

The absence of the First Schedule defining the Purposes renders the trusts void for uncertainty, as performance is impossible without knowing the purpose for which the trustees hold the assets.

Citation
[2014] JRC 253
Parties
Representor/settlor: Mrs Harper; Child/manager: Jonathan Harper; Trustee: Apex Trust Company Limited; Trustee/corporate Tax Adviser: Mr Reith; Company: Andrew's Homes (Aberdeen) Limited; Company: Angusfield Property Company Limited
Jurisdiction
Jersey
Judgment Date
18 December 2014
Procedural Posture
Representation Application / Judgment on Validity of Trusts
Outcome
trusts declared void for uncertainty
Legal Topics
Certainty of Trusts, Purpose Trusts, Resulting Trust, Trust Deed Execution
Trusts Inheritance Tax Private Client Certainty of Trusts Purpose Trusts Resulting Trust Trust Deed Execution

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Parties

Mrs Harper

Representor/settlor

Jonathan Harper

Child/manager

Apex Trust Company Limited

Trustee

Mr Reith

Trustee/corporate Tax Adviser

Andrew's Homes (Aberdeen) Limited

Company

Angusfield Property Company Limited

Company

Procedural Posture

Representation Application / Judgment on Validity of Trusts

Legal Issues

  1. 1 Are the two settlements (trusts) void for uncertainty due to missing schedules?
  2. 2 Does the absence of defined 'Purposes' render the trusts incapable of performance?

Ratio Decidendi

The absence of the First Schedule defining the Purposes renders the trusts void for uncertainty, as performance is impossible without knowing the purpose for which the trustees hold the assets.

Court Disposition

trusts declared void for uncertainty

Orders

  • Assets in the trust fund of each settlement held by Apex and Mr Reith on resulting trust for the settlor absolutely