In re C Trust v [2012] 1 JLR_Note 24 (25 April 2012)
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Trust Application / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The court confirmed that trustees have the power to exclude a beneficiary if such power is expressly provided in the trust instrument.
Court disposition
Application granted
Orders
- Trustees confirmed to have power to exclude beneficiary as per trust instrument
02
Material facts
Parties
C Trust
Applicant[Unnamed Respondent]
Respondent03
Procedural history
Posture
Trust Application / Judgment
04
Questions and positions
Legal issues
Whether trustees have the power to exclude a beneficiary from the trust
Party arguments
- Applicant
- The trustees seek confirmation of their power to exclude a beneficiary under the terms of the trust.
- Respondent
- No respondent argument is recorded in the available summary.
05
Court’s reasoning
Legal principles
- 01
Trust Law
Trustees may have the power to exclude a beneficiary if such power is conferred by the trust instrument.
06
Ratio, limits and disposition
Ratio decidendi
The court confirmed that trustees have the power to exclude a beneficiary if such power is expressly provided in the trust instrument.
Court disposition
Application granted
- Trustees confirmed to have power to exclude beneficiary as per trust instrument
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
The complete available source text.
Court record
Judgment
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