Trilogy Management v YT Charitable Foundation [2012] 2 JLR 330 (09 November 2012)

Trilogy Management v YT Charitable Foundation [2012] 2 JLR 330 (09 November 2012)

Neutral trustees are entitled to full indemnity for reasonable costs and expenses from the trust fund in non-adversarial proceedings, and the court may award other parties costs on an indemnity basis out of the trust, subject to taxation.

Citation
[2012] 2 JLR 330
Parties
Trustee: Trilogy Management; Beneficiary: YT Charitable Foundation
Jurisdiction
Jersey
Judgment Date
09 November 2012
Procedural Posture
Trusts / Costs Determination
Outcome
Costs awarded
Legal Topics
Costs Indemnity, Trust Administration
Trusts Civil Procedure Costs Indemnity Trust Administration

Case Brief

Summary, issues, holding and outcome

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Parties

Trilogy Management

Trustee

YT Charitable Foundation

Beneficiary

Procedural Posture

Trusts / Costs Determination

Legal Issues

  1. 1 Whether a neutral trustee is entitled to full indemnity out of the trust for reasonable costs and expenses in non-adversarial proceedings
  2. 2 Whether the court may award other parties costs on an indemnity basis out of the trust

Ratio Decidendi

Neutral trustees are entitled to full indemnity for reasonable costs and expenses from the trust fund in non-adversarial proceedings, and the court may award other parties costs on an indemnity basis out of the trust, subject to taxation.

Court Disposition

Costs awarded

Orders

  • Trustee entitled to full indemnity out of trust for all reasonable costs and expenses
  • Court may award other parties costs on indemnity basis out of trust, subject to taxation