Jersey Judgment

In re Esteem Settlement v [2001] JLR 7 (09 January 2001)

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Professional case brief

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Source document

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

Applicant

03

Procedural history

  1. Posture

    Trusts Application Regarding Powers of Trustees / Judgment

04

Questions and positions

Legal issues

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

  1. 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

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Judgment text

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Source document

Court record

Judgment

[2001] JLR 7

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