First Island Trustees Ltd v M 25-Jul-2006 [2006] JRC 105A (25 July 2006)

First Island Trustees Ltd v M 25-Jul-2006 [2006] JRC 105A (25 July 2006)

Disclosure of trust accounts, deeds, and the Letter of Wishes to M is justified to ensure the English court has accurate information regarding the trust and M's potential benefit; disclosure of correspondence with other beneficiaries is refused to protect their confidentiality.

Citation
[2006] JRC 105A
Parties
Applicant: First Island Trustees Limited; Beneficiary: M; Representative for Minor and Unascertained Beneficiaries: Advocate Gleeson
Jurisdiction
Jersey
Judgment Date
25 July 2006
Procedural Posture
Representation / Final Judgment
Outcome
partially granted
Legal Topics
Disclosure of Trust Documents, Confidentiality of Letters of Wishes, Beneficiary Rights
Trust Law Disclosure of Trust Documents Confidentiality of Letters of Wishes Beneficiary Rights

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Parties

First Island Trustees Limited

Applicant

M

Beneficiary

Advocate Gleeson

Representative for Minor and Unascertained Beneficiaries

Procedural Posture

Representation / Final Judgment

Legal Issues

  1. 1 Should the trustee disclose trust documents to a beneficiary for compliance with an English court order?
  2. 2 Should the trustee disclose the Letter of Wishes and drafts to the beneficiary?
  3. 3 Should correspondence between other beneficiaries and the trustee be disclosed?

Ratio Decidendi

Disclosure of trust accounts, deeds, and the Letter of Wishes to M is justified to ensure the English court has accurate information regarding the trust and M's potential benefit; disclosure of correspondence with other beneficiaries is refused to protect their confidentiality.

Court Disposition

partially granted

Orders

  • Order for disclosure of trust accounts, trust deed, supplemental deeds, details of distributions, and the signed Letter of Wishes to M.
  • Order for disclosure of correspondence between M and the trustee.