In re B Settlement v [2012] 1 JLR_Note 11 (05 January 2012)
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Trusts Surrender of Discretion / Application for Directions
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court may accept a surrender of discretion by trustees where there is genuine difficulty or conflict preventing proper exercise of discretion.
Court disposition
Application granted
Orders
- Court accepted surrender of discretion and provided directions to trustees
02
Material facts
Parties
B Settlement
Applicant03
Procedural history
Posture
Trusts Surrender of Discretion / Application for Directions
04
Questions and positions
Legal issues
Whether trustees may surrender their discretion to the court
Party arguments
- Applicant
- Trustees seek the court's directions regarding the exercise of their discretion.
05
Court’s reasoning
Legal principles
- 01
Jersey trust law
Trustees may surrender their discretion to the court in cases of real difficulty, deadlock, or conflict of interest.
06
Ratio, limits and disposition
Ratio decidendi
The court may accept a surrender of discretion by trustees where there is genuine difficulty or conflict preventing proper exercise of discretion.
Court disposition
Application granted
- Court accepted surrender of discretion and provided directions to trustees
Source and reliance status
Official court record
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Judgment text
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Court record
Judgment
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