Freeman v Ansbacher Trustees [2009] JLR 1 (09 January 2009)
A beneficiary of a discretionary trust has standing to sue the trustee for breach of trust and to seek reconstitution of the trust fund if the beneficiary is an object of a fiduciary power or has a contingent interest under the ultimate default trust.
- Citation
- [2009] JLR 1
- Parties
- Applicant: Freeman; Respondent: Ansbacher Trustees
- Jurisdiction
- Jersey
- Judgment Date
- 09 January 2009
- Procedural Posture
- Civil / Judgment
- Outcome
- applicant has locus standi
- Legal Topics
- Locus Standi of Beneficiaries, Breach of Trust, Reconstitution of Trust Fund
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Freeman
Applicant
Ansbacher Trustees
Respondent
Procedural Posture
Civil / Judgment
Legal Issues
- 1 Whether a beneficiary of a discretionary trust has locus standi to sue the trustee for breach of trust and seek reconstitution of the trust fund
Ratio Decidendi
A beneficiary of a discretionary trust has standing to sue the trustee for breach of trust and to seek reconstitution of the trust fund if the beneficiary is an object of a fiduciary power or has a contingent interest under the ultimate default trust.
Court Disposition
applicant has locus standi
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment