Royal Bank of Canada -v- Browne Family Trust [2007] JRC 108 (07 June 2007)

Royal Bank of Canada -v- Browne Family Trust [2007] JRC 108 (07 June 2007)

The Italian Property is held by Regent and Mrs Browne for the benefit of Le Puy Holdings Limited pursuant to the Nominee Agreement, and the estate of Commander Browne has no beneficial interest in the property.

Citation
[2007] JRC 108
Parties
Representor: Royal Bank of Canada Trustees Limited; Executor of Commander Browne's Will: Regent Trust Company Limited; Nominee/settlor: Mrs Anne Penelope Browne; Heir: Simon Browne; Heir: Adam Denniston Browne; Heir: James Browne
Jurisdiction
Jersey
Judgment Date
07 June 2007
Procedural Posture
Representation / Final Judgment
Outcome
declaratory relief granted
Legal Topics
Declaratory Relief, Nominee Agreements, Beneficial Ownership, Estate Administration
Trusts Property Law Succession Declaratory Relief Nominee Agreements Beneficial Ownership Estate Administration

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Parties

Royal Bank of Canada Trustees Limited

Representor

Regent Trust Company Limited

Executor of Commander Browne's Will

Mrs Anne Penelope Browne

Nominee/settlor

Simon Browne

Heir

Adam Denniston Browne

Heir

James Browne

Heir

Procedural Posture

Representation / Final Judgment

Legal Issues

  1. 1 Whether the Italian Property is held for the benefit of Le Puy Holdings Limited under the Nominee Agreement
  2. 2 Whether the estate of Commander Browne has any beneficial interest in the Italian Property
  3. 3 Whether the Court has jurisdiction to make a declaratory judgment on the issue

Ratio Decidendi

The Italian Property is held by Regent and Mrs Browne for the benefit of Le Puy Holdings Limited pursuant to the Nominee Agreement, and the estate of Commander Browne has no beneficial interest in the property.

Court Disposition

declaratory relief granted

Orders

  • The Court declares that the Italian Property is held by Regent and Mrs Browne for the benefit of Le Puy Holdings Limited pursuant to the Nominee Agreement.