Ocorian Trustees (Jersey) Ltd -v- Crociani [2018] JRC 001 (04 January 2018)

Ocorian Trustees (Jersey) Ltd -v- Crociani [2018] JRC 001 (04 January 2018)

Camilla has no legitimate interest in restricting or preventing distributions to Cristiana out of Cristiana's Trust because the trust deed only requires equal division of the initial property, not subsequent additions, and the Court of Appeal's stay precludes payment to Camilla's Trust at this stage. Allowing intervention would be inconsistent with the appellate court's orders and the trust's terms.

Citation
[2018] JRC 001
Parties
Intervenor/applicant: Camilla; Former Trustee/respondent: BNP Paribas Jersey Trust Corporation Limited; Respondent: Cristiana; Representor: The New Trustee
Jurisdiction
Jersey
Judgment Date
04 January 2018
Procedural Posture
Application to Intervene in Trust Representation / Post Trial, Application for Leave to Intervene
Outcome
Application dismissed
Legal Topics
Trust Administration, Intervention in Proceedings, Distribution of Trust Assets
Trusts and Estates Equity Trust Administration Intervention in Proceedings Distribution of Trust Assets

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Parties

Camilla

Intervenor/applicant

BNP Paribas Jersey Trust Corporation Limited

Former Trustee/respondent

Cristiana

Respondent

The New Trustee

Representor

Procedural Posture

Application to Intervene in Trust Representation / Post Trial, Application for Leave to Intervene

Legal Issues

  1. 1 Whether Camilla is entitled to intervene in the New Trustee's representation regarding distributions from the Grand Trust
  2. 2 Whether incoming trust funds must be divided equally between Camilla's Trust and Cristiana's Trust

Ratio Decidendi

Camilla has no legitimate interest in restricting or preventing distributions to Cristiana out of Cristiana's Trust because the trust deed only requires equal division of the initial property, not subsequent additions, and the Court of Appeal's stay precludes payment to Camilla's Trust at this stage. Allowing intervention would be inconsistent with the appellate court's orders and the trust's terms.

Court Disposition

Application dismissed

Orders

  • Camilla's application to intervene is dismissed.
  • The Court approved the New Trustee's proposed distribution to Cristiana and its decisions regarding the appeals.