In re Esteem Settlement v [2001] JLR 7 (09 January 2001)
- Citation
- [2001] JLR 7
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Trusts Application Regarding Powers of Trustees / Judgment
More details
- Posture
- Trusts Application Regarding Powers of Trustees / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
A trustee may, in rare circumstances, exercise the power of advancement to make an indirect gift to a third party for the benefit of a beneficiary, even if the beneficiary objects, but cannot force a direct gift upon the beneficiary.
Court disposition
Clarification of trustee's powers granted
Orders
- Trustee may make indirect gift to third party for beneficiary's benefit, even if beneficiary objects, but should exercise this power rarely
02
Material facts
Parties
Esteem Settlement
Applicant03
Procedural history
Posture
Trusts Application Regarding Powers of Trustees / Judgment
04
Questions and positions
Legal issues
- 01
Whether a trustee can make a distribution for the benefit of a beneficiary against the beneficiary's wishes
- 02
Whether a trustee can make an indirect gift to a third party for the benefit of a beneficiary who objects
Party arguments
- Applicant
- The trustee seeks clarification on whether it may exercise its power of advancement to make a distribution for the benefit of a beneficiary, even if the beneficiary objects.
- Respondent
- The beneficiary objects to the trustee making a distribution for their benefit, particularly if it involves an indirect gift to a third party.
05
Court’s reasoning
Legal principles
- 01
[2001] JLR 7
A trustee cannot force a direct gift upon a beneficiary but may make an indirect gift to a third party for the beneficiary's benefit, even if the beneficiary objects, though this power should be used rarely.
06
Ratio, limits and disposition
Ratio decidendi
A trustee may, in rare circumstances, exercise the power of advancement to make an indirect gift to a third party for the benefit of a beneficiary, even if the beneficiary objects, but cannot force a direct gift upon the beneficiary.
Court disposition
Clarification of trustee's powers granted
- Trustee may make indirect gift to third party for beneficiary's benefit, even if beneficiary objects, but should exercise this power rarely
Source and reliance status
Official court record
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Judgment reading view
Judgment text
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> In re Esteem Settlement v [2001] JLR 7 (09 January 2001) URL: https://www.bailii.org/je/cases/JLR/2001/JLR010007.html Cite as: [2001] JLR 7 [ New search ] [ Help ] In re Esteem Settlement v 2001 JLR 7 (09 January 2001) Trusts-powers and duties of trustees-power of advancement-distribution against beneficiary's wishes-trustee cannot force direct gift upon beneficiary-may make indirect gift to third party for beneficiary's bene fit, even if beneficiary positively objects, but power to be used rarely 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: 2001 JLR 7 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2001/JLR010007.html
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