Jersey Judgment

In re Internine Trust v [2005] JLR 236 (27 May 2005)

Trust Law Trust Protector Powers Amendment of Trust Deed Fiduciary Duties

Citation: [2005] JLR 236
Status: Judgment
Jurisdiction: Jersey
Posture: Trust Application / Judgment

More details

Posture: Trust Application / Judgment

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Professional case brief

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Source document

Holding and result

The protector's power to amend the trust deed is fiduciary in nature and must be exercised bona fide, for a proper purpose, and in the interests of the beneficiaries; radical amendments increasing the protector's power require greater justification.

Court disposition

Application allowed in part

Orders

Protector's power to amend must be exercised bona fide, for proper purpose, and in the interests of beneficiaries
Radical amendments increasing protector's power require greater justification
Amendment of administrative provisions permissible if no increase in financial burdens or reduction of beneficial entitlements

Material facts

Parties

Internine Trust

Applicant

Unknown Respondent

Respondent

Procedural history

Posture

Trust Application / Judgment

Questions and positions

Legal issues

01
Whether the trust protector's power to amend the trust deed must be exercised bona fide, for a proper purpose, and in the interests of beneficiaries
02
Whether radical amendments increasing the protector's power require greater justification
03
Whether amendment of administrative provisions is permissible if it does not increase financial burdens or reduce beneficial entitlements

Party arguments

Applicant: The protector's power to amend the trust deed should be exercised in accordance with fiduciary duties and not for personal benefit.
Respondent: Radical amendments increasing the protector's power require greater justification and must not adversely affect beneficiaries.

Court’s reasoning

Legal principles

01
[2005] JLR 236

The protector's position is fiduciary, even if the protector is also a beneficiary, and powers must be exercised bona fide, for proper purpose, and in the interests of beneficiaries.
02
[2005] JLR 236

Radical amendments increasing the protector's power require greater justification.
03
[2005] JLR 236

Amendment of administrative provisions is not beyond the contemplation of the maker if there is no increase in financial burdens or reduction of beneficial entitlements.

Ratio, limits and disposition

Ratio decidendi

The protector's power to amend the trust deed is fiduciary in nature and must be exercised bona fide, for a proper purpose, and in the interests of the beneficiaries; radical amendments increasing the protector's power require greater justification.

Court disposition

Application allowed in part

Protector's power to amend must be exercised bona fide, for proper purpose, and in the interests of beneficiaries
Radical amendments increasing protector's power require greater justification
Amendment of administrative provisions permissible if no increase in financial burdens or reduction of beneficial entitlements

Source and reliance status

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Source document

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Judgment text

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Source document

Court record

Judgment

[2005] JLR 236

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BAILII >> Databases >> Jersey Law Reports >> In re Internine Trust v [2005] JLR 236 (27 May 2005) URL: https://www.bailii.org/je/cases/JLR/2005/JLR050236.html Cite as: [2005] JLR 236 [ New search ] [ Help ] In re Internine Trust v 2005 JLR 236 (27 May 2005) Trusts-trust protector-powers and duties-power to amend-to be exercised bona fide, for proper purpose and in interests of beneficiaries because protector's position is fiduciary, even if also beneficiary-radical amendments increasing protector's power require greater justification-amendment of administrative provisions not beyond contemplation of maker if no increase in financial burdens or reduction of beneficial entitlements 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 236 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/2005/JLR050236.html

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[2005] JLR 236

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