Jersey Judgment

In re Bird Charitable Trust v [2012] 1 JLR 62 (05 January 2012)

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Professional case brief

Research organized from the available case record

Source document

01

Holding and result

Retiring trustees are required to cooperate fully and actively with new trustees by providing all relevant documents and information unless the former trustee can demonstrate why specific documents should not be disclosed; the Royal Court retains discretion to intervene and direct non-disclosure where appropriate.

Court disposition

Application granted with directions

Orders

  • Retiring trustee to provide all trust documents and correspondence to new trustee
  • Retiring trustee to answer reasonable questions from new trustee
  • Specific legal advice documents may be disclosed for cost review if not relevant to future administration

02

Material facts

Parties

Bird Charitable Trust

Applicant

Former Trustee

Respondent

New Trustee

Respondent

03

Procedural history

  1. Posture

    Trusts / Application for Directions

04

Questions and positions

Legal issues

Party arguments

Applicant
Applicant seeks full and active cooperation from retiring trustee, including prompt provision of all trust documents and correspondence, and answers to reasonable questions.
Respondent
Former trustee contends certain documents, such as expensive legal advice paid for on specific issues, should not be disclosed if they do not assist future administration of the trust.

05

Court’s reasoning

  1. 01

    Royal Court inherent jurisdiction

    Retiring trustees must provide full and active cooperation by promptly providing all trust documents and correspondence and answering reasonable questions.

  2. 02

    Royal Court inherent jurisdiction

    New trustee is prima facie to be placed in the same position as the former trustee.

  3. 03

    Royal Court inherent jurisdiction

    Royal Court has discretion to direct that specific documents or information not be disclosed if justified.

06

Ratio, limits and disposition

Ratio decidendi

Retiring trustees are required to cooperate fully and actively with new trustees by providing all relevant documents and information unless the former trustee can demonstrate why specific documents should not be disclosed; the Royal Court retains discretion to intervene and direct non-disclosure where appropriate.

Obiter and limits

  • If expensive legal advice paid for by the former trustee on a specific issue is of no assistance to the future administration of the trust, it may be disclosed simply to enable the new trustee to check that the cost was reasonable.

Court disposition

Application granted with directions

  • Retiring trustee to provide all trust documents and correspondence to new trustee
  • Retiring trustee to answer reasonable questions from new trustee
  • Specific legal advice documents may be disclosed for cost review if not relevant to future administration

Source and reliance status

Official court record

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Judgment text

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Source document

Court record

Judgment

[2012] 1 JLR 62

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BAILII >> Databases >> Jersey Law Reports >> In re Bird Charitable Trust v [2012] 1 JLR 62 (05 January 2012) URL: https://www.bailii.org/je/cases/JLR/2012/JLR121062.html Cite as: [2012] 1 JLR 62 [ New search ] [ Help ] In re Bird Charitable Trust v 2012 (1) JLR 62 (05 January 2012) Trusts-retirement of trustes-duties of retiring trustees-full and active cooperation on transfer of trusteeship by promptly providing new trustee with all trust documents and correspondence and answering reasonable questions-new trustee prima facie to be placed in same position as former trustee-Royal Court has discretion, under inherent jurisdiction to supervise and, if necessary, intervene in administration of trusts, to direct that specific documents or information not to be disclosed-burden on former trustee to show why normal rule not to be followed-if expensive legal advice on specific issue paid for by former trustee no assistance to future administration of trust, may be disclosed simply to enable new trustee to check cost reasonable 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: 2012 (1) JLR 62 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2012/JLR121062.html

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