In the matter of D (Trust) [2012] JRC 130 (05 July 2012)

In the matter of D (Trust) [2012] JRC 130 (05 July 2012)

The trustee's proposed appointments are within its powers, formed in good faith, reasonable, and consistent with the settlor's intentions; the appointments benefit the beneficiaries, settle litigation, save tax, and are supported by all relevant parties. Court approves the trustee's decision.

Citation
[2012] JRC 130
Parties
Trustee: A; Beneficiaries: grandson beneficiaries; Beneficiary: settlor's widow; Beneficiaries: minor and unborn beneficiaries; Beneficiaries: employees and directors of D Group; Potential Beneficiary: Scope; Interested Party: HM Attorney General
Jurisdiction
Jersey
Judgment Date
05 July 2012
Procedural Posture
Trust Administration Application / Final Approval of Trustee's Proposed Appointments
Outcome
application approved
Legal Topics
Exercise of Trustee Powers, Ratification of Trustee Decisions, Appointment of Trust Assets, Beneficiary Interests, Conflict of Interest, Letter of Wishes
Trusts Private Client Charity Law Exercise of Trustee Powers Ratification of Trustee Decisions Appointment of Trust Assets Beneficiary Interests Conflict of Interest +1 more

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Parties

A

Trustee

grandson beneficiaries

Beneficiaries

settlor's widow

Beneficiary

minor and unborn beneficiaries

Beneficiaries

employees and directors of D Group

Beneficiaries

Scope

Potential Beneficiary

HM Attorney General

Interested Party

Procedural Posture

Trust Administration Application / Final Approval of Trustee's Proposed Appointments

Legal Issues

  1. 1 Is the trustee's proposed appointment of trust assets within its powers?
  2. 2 Is the exercise of the power proper and reasonable?
  3. 3 Does the appointment benefit the beneficiaries and comply with the settlor's intentions?

Ratio Decidendi

The trustee's proposed appointments are within its powers, formed in good faith, reasonable, and consistent with the settlor's intentions; the appointments benefit the beneficiaries, settle litigation, save tax, and are supported by all relevant parties. Court approves the trustee's decision.

Court Disposition

application approved

Orders

  • Court ratifies and approves trustee's decision to appoint all assets of the D Trust to specified beneficiaries and Foundation.
  • Trustee may proceed with assignments and transfers as proposed.