In the matter of A (Probate) [2013] JRC 148 (29 July 2013)

In the matter of A (Probate) [2013] JRC 148 (29 July 2013)

The Court held that the requirements of Article 25 are satisfied, as the trustees of B's Trust have consented and the variation is in the interests of the beneficiaries. The Will is varied to achieve tax efficiency for UK resident beneficiaries.

Citation
[2013] JRC 148
Parties
Applicant: Executors; Respondent: B; Respondent: Trustees of B's Trust; Respondent: Trustees of E's Trust; Respondent: E
Jurisdiction
Jersey
Judgment Date
29 July 2013
Procedural Posture
Application to Vary Will / Final Judgment
Outcome
application granted
Legal Topics
Variation of Will, Capital Gains Tax, Trust Restructuring
Probate Trusts Tax Variation of Will Capital Gains Tax Trust Restructuring

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Parties

Executors

Applicant

B

Respondent

Trustees of B's Trust

Respondent

Trustees of E's Trust

Respondent

E

Respondent

Procedural Posture

Application to Vary Will / Final Judgment

Legal Issues

  1. 1 Whether the Will should be varied under Article 25 of the Probate (Jersey) Law 1998
  2. 2 Whose consent is required for variation
  3. 3 Whether the variation is in the interests of B and B's Trust beneficiaries

Ratio Decidendi

The Court held that the requirements of Article 25 are satisfied, as the trustees of B's Trust have consented and the variation is in the interests of the beneficiaries. The Will is varied to achieve tax efficiency for UK resident beneficiaries.

Court Disposition

application granted

Orders

  • The Will is varied with effect from the date of death as requested in the prayer.