In re BB v [2011] JLR 672 (28 July 2011)
- Citation
- [2011] JLR 672
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Trusts Application / Judgment
More details
- Posture
- Trusts Application / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court held that rectification was inappropriate because the retiring trustee did not intend to exercise the power to appoint a successor, but only to retire. The defect was remedied by the court appointing new trustees, ratifying the actions of the retiring trustee, and relieving the retiring trustee from liability under the relevant statutory provisions.
Court disposition
Application granted in part
Orders
- Court appointed new trustees
- Court ratified the actions of the retiring trustee
- Retiring trustee relieved from liability under art. 45(1)
02
Material facts
Parties
BB
Retiring Trustee03
Procedural history
Posture
Trusts Application / Judgment
04
Questions and positions
Legal issues
- 01
Whether the court should rectify a defective transfer of trusteeship where the party exercising the power to appoint a new trustee was dissolved
- 02
Whether the court should appoint new trustees and ratify actions taken by the retiring trustee
Party arguments
- Applicant
- The transfer of trusteeship was defective because the party exercising the power to appoint a new trustee was dissolved. The applicant seeks rectification or court intervention to regularize the trusteeship and relieve the retiring trustee from liability.
- Respondent
- The respondent contends that rectification is inappropriate as the retiring trustee did not intend to exercise the power to appoint a successor, but only to retire. The respondent submits that the court should use its powers to appoint new trustees and ratify the actions taken.
05
Court’s reasoning
Legal principles
- 01
Trusts (Jersey) Law 1984, art. 13(1)
If a transfer of trusteeship is defective due to the dissolution of the appointing party, rectification to give the retiring trustee the intention to appoint a successor is inappropriate if the trustee only intended to retire.
- 02
Trusts (Jersey) Law 1984, arts. 51, 45(1)
The court may remedy the defect by appointing new trustees and ratifying the actions of the retiring trustee, and may relieve the retiring trustee from liability.
06
Ratio, limits and disposition
Ratio decidendi
The court held that rectification was inappropriate because the retiring trustee did not intend to exercise the power to appoint a successor, but only to retire. The defect was remedied by the court appointing new trustees, ratifying the actions of the retiring trustee, and relieving the retiring trustee from liability under the relevant statutory provisions.
Court disposition
Application granted in part
- Court appointed new trustees
- Court ratified the actions of the retiring trustee
- Retiring trustee relieved from liability under art. 45(1)
Source and reliance status
Official court record
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> In re BB v [2011] JLR 672 (28 July 2011) URL: https://www.bailii.org/je/cases/JLR/2011/JLR110672.html Cite as: [2011] JLR 672 [ New search ] [ Help ] In re BB v 2011 JLR 672 (28 July 2011) Trusts-replacement of trustees-transfer of trusteeship-if transfer defective because party purportedly exercising power to appoint new trustee in fact dissolved, inappropriate to rectify so as to give retiring trustee intention to exercise power to appoint successor under powers conferred by original version of Trusts (Jersey) Law 1984, art. 13(1) if had intended only to retire-remedied, under Trusts (Jersey) Law 1984, art. 51 or inherent jurisdiction, by court appointing new trustees and ratifying purported actions, and relieving retiring trustee from liability under art. 45(1) The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 2011 JLR 672 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2011/JLR110672.html
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