Representation of U [2010] JRC 114A (17 June 2010)

The trustee's decisions not to participate in Q's English proceedings, not to make distributions or repay B's loan due to lack of liquidity and legal restrictions, and to disclose information to B were reasonable, made in good faith, and not vitiated by conflict of interest. Court approval was granted for all decisions.

Citation: [2010] JRC 114A
Parties: Trustee: U; Settlor/beneficiary: B; Spouse/former Beneficiary: Q; Child of B and Q: third respondent; Child of B and Q: fourth respondent; Child of B and Q: A
Jurisdiction: Jersey
Judgment Date: 17 June 2010
Procedural Posture: Trust Directions Application / Final Judgment
Outcome: trustee's decisions approved
Legal Topics: Discretionary Trust, Trustee Discretion, Divorce Proceedings, Maintenance, Distribution of Trust Assets, Disclosure of Information

Trusts Family Law Discretionary Trust Trustee Discretion Divorce Proceedings Maintenance Distribution of Trust Assets Disclosure of Information

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 3

Parties

Trustee

Settlor/beneficiary

Spouse/former Beneficiary

third respondent

Child of B and Q

fourth respondent

Child of B and Q

Procedural Posture

Trust Directions Application / Final Judgment

Legal Issues

1 Should the trustee participate in English divorce proceedings?
2 Should the trustee make a distribution or repay a loan to B?
3 Should the trustee disclose information to B?

Ratio Decidendi

Court Disposition

trustee's decisions approved

Orders

Trustee's decision not to participate in Q's English proceedings approved.
Trustee's proposal not to take further steps regarding property or distribution until notice and restriction are removed approved.