Jersey Judgment

In re BB v [2011] JLR 672 (28 July 2011)

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Professional case brief

Research organized from the available case record

Source document

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 Trustee

03

Procedural history

  1. Posture

    Trusts Application / Judgment

04

Questions and positions

Legal issues

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

  1. 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.

  2. 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

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Judgment reading view

Judgment text

The complete available source text.

Source document

Court record

Judgment

[2011] JLR 672

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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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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Trusts (Jersey) Law 1984, art. 13(1)

Legislation

Legislation referenced in the available case record.

Trusts (Jersey) Law 1984, art. 51

Legislation

Legislation referenced in the available case record.

Trusts (Jersey) Law 1984, art. 45(1)

Legislation

Legislation referenced in the available case record.

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