S andL and E -v- Bedell Cristin Trustees [2005] JRC 109 (10 August 2005)

S andL and E -v- Bedell Cristin Trustees [2005] JRC 109 (10 August 2005)

The Court held that it cannot substitute its own discretion for that of the trustee unless the trustee surrenders its discretion. The trustee's refusal to make an interim distribution was not unreasonable nor vitiated by any improper factor, and thus the Court declined to interfere.

Citation
[2005] JRC 109
Parties
Representor/applicant: S; First Respondent: the settlor; Second Respondent: the settlor's brother (S's brother-in-law); Third Respondent: the Trustee
Jurisdiction
Jersey
Judgment Date
10 August 2005
Procedural Posture
Trust Application / Interlocutory Application for Interim Distribution
Outcome
application dismissed
Legal Topics
Exercise of Trustee Discretion, Interim Distribution, Court's Supervisory Jurisdiction, Trusts (jersey) Law 1984 Article 51
Trust Law Exercise of Trustee Discretion Interim Distribution Court's Supervisory Jurisdiction Trusts (jersey) Law 1984 Article 51

Case Brief

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Parties

S

Representor/applicant

the settlor

First Respondent

the settlor's brother (S's brother-in-law)

Second Respondent

the Trustee

Third Respondent

Procedural Posture

Trust Application / Interlocutory Application for Interim Distribution

Legal Issues

  1. 1 Whether the Court can order an interim distribution from a trust fund where the trustee has refused and not surrendered its discretion to the Court
  2. 2 Whether the trustee's refusal to make an interim distribution was unreasonable or vitiated by bad faith, partiality, or other improper factors

Ratio Decidendi

The Court held that it cannot substitute its own discretion for that of the trustee unless the trustee surrenders its discretion. The trustee's refusal to make an interim distribution was not unreasonable nor vitiated by any improper factor, and thus the Court declined to interfere.

Court Disposition

application dismissed

Orders

  • The Court declines to order an interim distribution to S.
  • No interference with the trustee's decision.