Titris SA -v- A [2018] JRC 059 (16 March 2018)

Titris SA -v- A [2018] JRC 059 (16 March 2018)

The construction of the phrase 'eredi legittimi' in the trust deed is a matter of Jersey law, but because the phrase is ambiguous and may have been intended to refer to Italian law, expert evidence on Italian law is permitted to establish the intention of the makers of the deed and the parties to the 2009 amendment. Discovery and witness statements are ordered to focus on documents and evidence relevant to the intention behind the use of 'eredi legittimi', and the matter is stayed for mediation after exchange of evidence.

Citation
[2018] JRC 059
Parties
Representor: Titris; Representor: First Representor; Respondent: First Respondent; Respondent: Second Respondent; Respondent: Third Respondent; Respondent: Fourth Respondent
Jurisdiction
Jersey
Judgment Date
16 March 2018
Procedural Posture
Trust Dispute / Case Management Directions and Interlocutory Orders
Outcome
Directions given for limited discovery, exchange of witness statements, and expert evidence on Italian law; matter stayed for mediation after resolution of removal and information issues.
Legal Topics
Interpretation of Trust Deeds, Beneficiary Entitlement, Trustee Removal, Provision of Information by Trustees, Conflict of Laws
Trusts and Estates Private International Law Interpretation of Trust Deeds Beneficiary Entitlement Trustee Removal Provision of Information by Trustees Conflict of Laws

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Parties

Titris

Representor

First Representor

Representor

First Respondent

Respondent

Second Respondent

Respondent

Third Respondent

Respondent

Fourth Respondent

Respondent

Procedural Posture

Trust Dispute / Case Management Directions and Interlocutory Orders

Legal Issues

  1. 1 Who is entitled to the trust fund of the G Trust?
  2. 2 Provision of information by the new trustee
  3. 3 Validity of the appointment of the new trustee and/or appointment of a Jersey-based professional trustee in her place

Ratio Decidendi

The construction of the phrase 'eredi legittimi' in the trust deed is a matter of Jersey law, but because the phrase is ambiguous and may have been intended to refer to Italian law, expert evidence on Italian law is permitted to establish the intention of the makers of the deed and the parties to the 2009 amendment. Discovery and witness statements are ordered to focus on documents and evidence relevant to the intention behind the use of 'eredi legittimi', and the matter is stayed for mediation after exchange of evidence.

Court Disposition

Directions given for limited discovery, exchange of witness statements, and expert evidence on Italian law; matter stayed for mediation after resolution of removal and information issues.

Orders

  • Limited discovery ordered to documents referring to 'eredi legittimi' or legitimate heirs, or evidencing intended beneficiaries prior to execution of the 2002 deed or 2009 amendment.
  • Witness statements to be exchanged addressing intention as to beneficiaries.