In re Carafe Trust v [2005] JLR 159 (16 May 2005)
- Citation
- [2005] JLR 159
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Trusts / Application for Retirement of Trustee and Payment of Fees
More details
- Posture
- Trusts / Application for Retirement of Trustee and Payment of Fees
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
A trustee is entitled to payment of fees before retirement and may reasonably refuse to transfer the trust unless adequate security is provided; however, an offer by beneficiaries to pay disputed fees into an escrow account is adequate security, and the trustee should then retire. The trustee is not entitled to security over the entire trust fund.
Court disposition
Application granted in part
Orders
- Trustee to retire upon beneficiaries paying disputed fees into escrow account
- Trustee not entitled to security over entire trust fund
02
Material facts
Parties
Carafe Trust
Applicant(Unnamed Trustee)
Respondent03
Procedural history
Posture
Trusts / Application for Retirement of Trustee and Payment of Fees
04
Questions and positions
Legal issues
- 01
Whether a retiring trustee is entitled to payment of fees before retirement
- 02
Whether a trustee can refuse to transfer the trust unless adequate security for payment is provided
- 03
Whether an offer by beneficiaries to pay disputed fees into escrow is adequate security
Party arguments
- Applicant
- Beneficiaries offered to pay disputed trustee fees into an escrow account as security to facilitate the trustee's retirement.
- Respondent
- Trustee sought security over the entire trust fund for payment of fees before agreeing to retire.
05
Court’s reasoning
Legal principles
- 01
Jersey trust law
A trustee is entitled to payment of fees before retirement and may reasonably refuse to transfer the trust unless adequate security for payment is provided.
- 02
Jersey trust law
An offer by beneficiaries to pay disputed fees into an escrow account constitutes adequate security for the trustee's fees.
06
Ratio, limits and disposition
Ratio decidendi
A trustee is entitled to payment of fees before retirement and may reasonably refuse to transfer the trust unless adequate security is provided; however, an offer by beneficiaries to pay disputed fees into an escrow account is adequate security, and the trustee should then retire. The trustee is not entitled to security over the entire trust fund.
Court disposition
Application granted in part
- Trustee to retire upon beneficiaries paying disputed fees into escrow account
- Trustee not entitled to security over entire trust fund
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
[ Home ] [ Databases ] [ World Law ] [ Multidatabase Search ] [ Help ] [ Feedback ] [
DONATE ] Jersey Law Reports You are here:
BAILII >> Databases >> Jersey Law Reports >> In re Carafe Trust v [2005] JLR 159 (16 May 2005) URL: https://www.bailii.org/je/cases/JLR/2005/JLR050159.html Cite as: [2005] JLR 159 [ New search ] [ Help ] In re Carafe Trust v 2005 JLR 159 (16 May 2005) Trusts-retirement of trustees-payment of fees-trustee entitled to payment of fees before retirement and may be reasonable to refuse transfer of trust unless adequate security for payment-beneficiaries' offer to pay disputed fees into escrow account is adequate security and trustee should then retire-not entitled to security over entire trust fund 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: 2005 JLR 159 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2005/JLR050159.html
Case-aware research
Ask AI about this case
The judgment and available research above are public. New questions open in a separate private conversation grounded in this case.