Rep of BB [2011] JRC 148 (28 July 2011)

Rep of BB [2011] JRC 148 (28 July 2011)

The Court declined rectification as G did not have the requisite intention to exercise the power of appointment, instead appointed the representors as trustees in place of G, ratified their actions as trustees de son tort, relieved G from liability for breach of trust, and confirmed entitlement to remuneration and costs on the trustee basis.

Citation
[2011] JRC 148
Parties
Applicant: D Retirement Trust; Respondent: G; Respondent: A; Respondent: BB; Respondent: C; Beneficiary: First Respondent; Beneficiary: Second Respondent
Jurisdiction
Jersey
Judgment Date
28 July 2011
Procedural Posture
Trustee Appointment/ratification / Final Judgment and Costs Order
Outcome
Appointments of trustees declared invalid; representors appointed as trustees; actions ratified; G relieved from liability; remuneration and costs awarded.
Legal Topics
Invalid Trustee Appointment, Rectification, Ratification, Relief From Breach of Trust, Trustee De Son Tort, Remuneration, Costs
Trusts Equity Private Client Invalid Trustee Appointment Rectification Ratification Relief From Breach of Trust Trustee De Son Tort +2 more

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Parties

D Retirement Trust

Applicant

G

Respondent

A

Respondent

BB

Respondent

C

Respondent

First Respondent

Beneficiary

Second Respondent

Beneficiary

Procedural Posture

Trustee Appointment/ratification / Final Judgment and Costs Order

Legal Issues

  1. 1 Whether the appointments of trustees were valid
  2. 2 Whether rectification of the appointment instruments is appropriate
  3. 3 Whether actions of trustees de son tort should be ratified

Ratio Decidendi

The Court declined rectification as G did not have the requisite intention to exercise the power of appointment, instead appointed the representors as trustees in place of G, ratified their actions as trustees de son tort, relieved G from liability for breach of trust, and confirmed entitlement to remuneration and costs on the trustee basis.

Court Disposition

Appointments of trustees declared invalid; representors appointed as trustees; actions ratified; G relieved from liability; remuneration and costs awarded.

Orders

  • Representors appointed as trustees in place of G under Article 51 Trusts (Jersey) Law 1984.
  • Actions of representors as trustees de son tort ratified.